Barlass v. Barlass's Trustees [1916] ScotLR 591 (02 June 1916)

Barlass v. Barlass's Trustees [1916] ScotLR 591 (02 June 1916)

Where a widow has no separate estate and the deceased's estate is not manifestly insolvent nor creditors pressing, trustees are justified in making interim payments for maintenance and mournings immediately after death, and such payments are a proper charge against the estate, even if not privileged in competition with creditors.

Citation
[1916] ScotLR 591
Parties
Pursuer/respondent: Mrs Helen Mackie or Kirk or Barlass; Defenders/appellants: Alexander Barlass and others, trustees under James Barlass's trust-disposition and settlement
Jurisdiction
Scotland
Judgment Date
02 June 1916
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session
Outcome
Court recalled the interlocutor of the Sheriff-Substitute and decerned for payment to pursuer.
Legal Topics
Interim Aliment, Widow's Rights, Privileged Debts, Mourning Expenses
Trusts Family Law Succession Interim Aliment Widow's Rights Privileged Debts Mourning Expenses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mrs Helen Mackie or Kirk or Barlass

Pursuer/respondent

Alexander Barlass and others, trustees under James Barlass's trust-disposition and settlement

Defenders/appellants

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session

Legal Issues

  1. 1 Is a widow entitled to immediate payment of interim aliment and mournings from her deceased husband's estate before expiry of six months?
  2. 2 Does interim aliment constitute a privileged debt in competition with creditors?

Ratio Decidendi

Where a widow has no separate estate and the deceased's estate is not manifestly insolvent nor creditors pressing, trustees are justified in making interim payments for maintenance and mournings immediately after death, and such payments are a proper charge against the estate, even if not privileged in competition with creditors.

Court Disposition

Court recalled the interlocutor of the Sheriff-Substitute and decerned for payment to pursuer.

Orders

  • Payment of £14 in respect of mournings to pursuer.
  • Payment of £26 in name of interim aliment for the half year commencing at Martinmas 1915 to pursuer.