Borland's Trustees v. Borland's Executrix and Others [1917] ScotLR 591 (19 July 1917)

Borland's Trustees v. Borland's Executrix and Others [1917] ScotLR 591 (19 July 1917)

The sums invested in bonds and dispositions in security, whether originally belonging to the testator or reinvested by the trustees, are to be taken into account in calculating the jus relictæ of the widow of John Borland junior, as the son's interest was a moveable jus crediti and not a direct heritable interest.

Citation
[1917] ScotLR 591
Parties
First Parties: Mrs Margaret Mary Gratia Borland or Lees and others, trustees and executors of John Borland senior; Second Party: Mrs Isabella Thom or Borland, widow of John Borland junior, as executrix-dative of her husband; Third Party: Mrs Borland as an individual; Fourth Party: Mrs Lees, daughter of John Borland senior, as an individual; Fifth Parties: Mrs Marion Wilson Hood Borland or Currie, and Mrs Agnes Margaret Elizabeth Borland or Aiton, daughters of John Borland junior, with consents; Sixth Party: John Borland, only son of John Borland junior
Jurisdiction
Scotland
Judgment Date
19 July 1917
Procedural Posture
Special Case / Judgment
Outcome
First question answered in the affirmative; sums invested in bonds and dispositions in security are included in the calculation of jus relictæ.
Legal Topics
Jus Relictæ, Heritable Securities, Moveable Estate, Trust Administration
Succession Trusts Jus Relictæ Heritable Securities Moveable Estate Trust Administration

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Parties

Mrs Margaret Mary Gratia Borland or Lees and others, trustees and executors of John Borland senior

First Parties

Mrs Isabella Thom or Borland, widow of John Borland junior, as executrix-dative of her husband

Second Party

Mrs Borland as an individual

Third Party

Mrs Lees, daughter of John Borland senior, as an individual

Fourth Party

Mrs Marion Wilson Hood Borland or Currie, and Mrs Agnes Margaret Elizabeth Borland or Aiton, daughters of John Borland junior, with consents

Fifth Parties

John Borland, only son of John Borland junior

Sixth Party

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether sums invested in bonds and dispositions in security belonging to the testator at death and sums reinvested by trustees are to be included in calculating the jus relictæ of the widow of John Borland junior

Ratio Decidendi

The sums invested in bonds and dispositions in security, whether originally belonging to the testator or reinvested by the trustees, are to be taken into account in calculating the jus relictæ of the widow of John Borland junior, as the son's interest was a moveable jus crediti and not a direct heritable interest.

Court Disposition

First question answered in the affirmative; sums invested in bonds and dispositions in security are included in the calculation of jus relictæ.

Orders

  • First question answered in the affirmative.