A B v. C D's Trustee [1900] ScotLR 37_421 (15 February 1900)

A B v. C D's Trustee [1900] ScotLR 37_421 (15 February 1900)

The child's right to aliment from her father's estate is not barred by an arrangement between the father and a third party to which the child was not a party. The obligation to provide aliment continues so long as the child is unable to support herself, and the estate is liable to pay a reasonable sum for her maintenance.

Citation
[1900] ScotLR 37_421
Parties
Pursuer (illegitimate Child): A B; Pursuer (adoptive Mother, Widow): X Y; Defender (trustee and Executor of Deceased Father): C D's Trustee
Jurisdiction
Scotland
Judgment Date
15 February 1900
Procedural Posture
Action for Aliment (maintenance) / Appeal to Court of Session Inner House, First Division
Outcome
Appeal allowed in favour of A B; interlocutors of lower courts recalled; decree for aliment granted.
Legal Topics
Illegitimate Child Rights, Right to Aliment, Effect of Third Party Maintenance Agreements, Parental Obligations, Executor Liability
Family Law Succession Law Illegitimate Child Rights Right to Aliment Effect of Third Party Maintenance Agreements Parental Obligations Executor Liability

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Parties

A B

Pursuer (illegitimate Child)

X Y

Pursuer (adoptive Mother, Widow)

C D's Trustee

Defender (trustee and Executor of Deceased Father)

Procedural Posture

Action for Aliment (maintenance) / Appeal to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether an illegitimate child can claim aliment from her deceased father's estate despite a prior maintenance agreement with a third party
  2. 2 Whether a discharge granted by the third party is binding on the child
  3. 3 Whether the child's right to aliment is extinguished by the arrangement with the third party

Ratio Decidendi

The child's right to aliment from her father's estate is not barred by an arrangement between the father and a third party to which the child was not a party. The obligation to provide aliment continues so long as the child is unable to support herself, and the estate is liable to pay a reasonable sum for her maintenance.

Court Disposition

Appeal allowed in favour of A B; interlocutors of lower courts recalled; decree for aliment granted.

Orders

  • Defender (trustee and executor) to pay A B £20 per annum in quarterly advance payments so long as she is unable to maintain herself, commencing 11th November 1899.
  • Interest at 5% per annum on each quarterly payment until paid.