Youngs, Petitioners. v [1906] ScotLR 43_648 (28 August 1906)

Youngs, Petitioners. v [1906] ScotLR 43_648 (28 August 1906)

Given the declining value and unsuitability of the property for letting, and the unreliable income, it is in the estate's best interests to authorise the sale despite the Accountant's contrary report.

Citation
[1906] ScotLR 43_648
Parties
Petitioner: Mrs Jeanie Cunninghame M'Bride or Young; Petitioner: Alexander Young; Judicial Factor: James Watson Stewart
Jurisdiction
Scotland
Judgment Date
28 August 1906
Procedural Posture
Petition for Appointment of Judicial Factor / Final Order on Petition
Outcome
petition granted
Legal Topics
Judicial Factor Powers, Sale of Heritable Property, Intestate Estate Administration
Succession Law Trusts and Estates Judicial Factor Powers Sale of Heritable Property Intestate Estate Administration

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Parties

Mrs Jeanie Cunninghame M'Bride or Young

Petitioner

Alexander Young

Petitioner

James Watson Stewart

Judicial Factor

Procedural Posture

Petition for Appointment of Judicial Factor / Final Order on Petition

Legal Issues

  1. 1 Whether special power to sell heritable property in an intestate estate should be granted to the judicial factor despite Accountant of Court's adverse report

Ratio Decidendi

Given the declining value and unsuitability of the property for letting, and the unreliable income, it is in the estate's best interests to authorise the sale despite the Accountant's contrary report.

Court Disposition

petition granted

Orders

  • Judicial factor authorised to sell Garail, Dunoon by public roup at upset price of £1200, with provision for reduced upset price if not sold.
  • Petitioners awarded expenses of the application and all procedure following thereon.