Stewart's Trustees v. Stewart [1913] ScotLR 183 (12 December 1913)

The debenture stock, though declared to be personal estate by agreement, remains heritable quoad the widow's rights under Act 1661, cap. 32, and the widow is not entitled to jus relictæ out of it.

Citation: [1913] ScotLR 183
Parties: First Parties: John Charles Stewart of Kinlochmoidart, Inverness-shire, and others, testamentary trustees of the late Francis Pott Stewart; Second Parties: James Todd Stewart and Andrew Falconer, testamentary trustees of the late John Stewart; Third Parties: Frederick Campbell Stewart and William Stewart Fraser, testamentary trustees of the late Robert Stewart; Fourth Parties: Robert Stewart and others, children or representatives of children of the late John Stewart; Fifth Parties: John Charles Stewart and Frederick Campbell Stewart, sons of the late Robert Stewart; Sixth Parties: Mrs Louisa Gertrude Stewart or Swinburne and Mrs Frances Elizabeth Stewart or Wilson, daughters of Robert Stewart, with their husbands' consent; Seventh Parties: Mrs Agnes Craig Moore or Stewart or Battcock, widow of the testator, and William Frederick Battcock, her second husband, as curator and administrator-in-law
Jurisdiction: Scotland
Judgment Date: 12 December 1913
Procedural Posture: Special Case (succession) / Inner House, Second Division, Court of Session – Judgment
Outcome: Widow's claim for jus relictæ out of the debenture stock rejected.
Legal Topics: Jus Relictæ, Heritable and Moveable Property, Debenture Stock, Testamentary Succession, Statutory Interpretation

Succession Law Property Law Jus Relictæ Heritable and Moveable Property Debenture Stock Testamentary Succession Statutory Interpretation

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 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2

Parties

John Charles Stewart of Kinlochmoidart, Inverness-shire, and others, testamentary trustees of the late Francis Pott Stewart

First Parties

James Todd Stewart and Andrew Falconer, testamentary trustees of the late John Stewart

Second Parties

Frederick Campbell Stewart and William Stewart Fraser, testamentary trustees of the late Robert Stewart

Third Parties

Robert Stewart and others, children or representatives of children of the late John Stewart

Fourth Parties

John Charles Stewart and Frederick Campbell Stewart, sons of the late Robert Stewart

Fifth Parties

Mrs Louisa Gertrude Stewart or Swinburne and Mrs Frances Elizabeth Stewart or Wilson, daughters of Robert Stewart, with their husbands' consent

Sixth Parties

Mrs Agnes Craig Moore or Stewart or Battcock, widow of the testator, and William Frederick Battcock, her second husband, as curator and administrator-in-law

Seventh Parties

Procedural Posture

Special Case (succession) / Inner House, Second Division, Court of Session – Judgment

Legal Issues

1 Whether debenture stock declared to be personal estate by agreement is heritable or moveable in relation to the widow's jus relictæ claim

Ratio Decidendi

The debenture stock, though declared to be personal estate by agreement, remains heritable quoad the widow's rights under Act 1661, cap. 32, and the widow is not entitled to jus relictæ out of it.

Court Disposition

Widow's claim for jus relictæ out of the debenture stock rejected.

Orders

Branch (b) of the seventh question of law answered in the negative.