Craigie's Trustees v. Craigie [1904] ScotLR 41_254 (29 January 1904)

Craigie's Trustees v. Craigie [1904] ScotLR 41_254 (29 January 1904)

The pension from the Bengal Military Fund, though funded by the husband during his lifetime, was not part of his moveable estate at death and thus need not be accounted for by the widow when claiming her legal rights; she is entitled to both the pension and her jus relictæ.

Citation
[1904] ScotLR 41_254
Parties
First Party (trustees): Craigie's Trustees; Second Party (widow): Mary Ada Fleming or Mrs Craigie; Third Party (children): Craigie's two daughters and their curators; Fourth Party (testator's Sister and Half Sister): Mrs Forrest and Miss Burnet
Jurisdiction
Scotland
Judgment Date
29 January 1904
Procedural Posture
Special Case (court of Session, Inner House, Second Division) / Judgment on Point of Law
Outcome
Question of law answered in the negative; widow not bound to account for pension when claiming legal rights.
Legal Topics
Jus Relictæ, Widow's Legal Rights, Pension Exclusion From Estate, Collation, Testamentary Provision
Family Law Succession Law Jus Relictæ Widow's Legal Rights Pension Exclusion From Estate Collation Testamentary Provision

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Parties

Craigie's Trustees

First Party (trustees)

Mary Ada Fleming or Mrs Craigie

Second Party (widow)

Craigie's two daughters and their curators

Third Party (children)

Mrs Forrest and Miss Burnet

Fourth Party (testator's Sister and Half Sister)

Procedural Posture

Special Case (court of Session, Inner House, Second Division) / Judgment on Point of Law

Legal Issues

  1. 1 Whether a widow claiming legal rights in her husband's estate in place of testamentary provision must account for or deduct the value of a pension from a military fund subscribed to by the husband during his life.

Ratio Decidendi

The pension from the Bengal Military Fund, though funded by the husband during his lifetime, was not part of his moveable estate at death and thus need not be accounted for by the widow when claiming her legal rights; she is entitled to both the pension and her jus relictæ.

Court Disposition

Question of law answered in the negative; widow not bound to account for pension when claiming legal rights.

Orders

  • Widow entitled to claim jus relictæ in addition to the pension from the Bengal Military Fund.