Lyon's Trustees v. Miller [1903] ScotLR 40_774 (10 July 1903)

Lyon's Trustees v. Miller [1903] ScotLR 40_774 (10 July 1903)

There was no marriage contract or evidence of paction excluding the husband's jus relicti; mere knowledge or assent to the antenuptial trust deed does not amount to exclusion of legal rights.

Citation
[1903] ScotLR 40_774
Parties
First Party: Mrs Lyon's testamentary trustees; Second Party: residuary legatees; Third Party: Mr Lyon
Jurisdiction
Scotland
Judgment Date
10 July 1903
Procedural Posture
Special Case / Judgment
Outcome
husband entitled to one-half of wife's estate as jus relicti
Legal Topics
Jus Relicti, Antenuptial Trust, Married Women's Property, Exclusion of Legal Rights
Family Law Succession Law Jus Relicti Antenuptial Trust Married Women's Property Exclusion of Legal Rights

Case Brief

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Parties

Mrs Lyon's testamentary trustees

First Party

residuary legatees

Second Party

Mr Lyon

Third Party

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether the husband is entitled to one-half of the whole trust estate as jus relicti despite the antenuptial trust deed and testamentary provisions.

Ratio Decidendi

There was no marriage contract or evidence of paction excluding the husband's jus relicti; mere knowledge or assent to the antenuptial trust deed does not amount to exclusion of legal rights.

Court Disposition

husband entitled to one-half of wife's estate as jus relicti

Orders

  • Court answered the question of law in the affirmative.