Riddell's Executors v. Petitioners [1909] ScotLR 815 (19 June 1909)

Riddell's Executors v. Petitioners [1909] ScotLR 815 (19 June 1909)

The Court held that the obligations in the leases to take over and pay for sheep stock were personal obligations of the grantor and thus transmitted against his executors. The whole heritable estate held in fee-simple and the whole moveable estate of the deceased were liable to make good the obligations under the leases.

Citation
[1909] ScotLR 815
Parties
Petitioners: William Neale Bubb and another, executors and trustees of the late Sir Rodney Stuart Riddell; Claimants: James Milligan's Trustees; Claimants: Charles Gordon Gillespie and William Boyd Moir
Jurisdiction
Scotland
Judgment Date
19 June 1909
Procedural Posture
Petition for Opinion Under British Law Ascertainment Act 1859 / Final Judgment by Court of Session Inner House First Division
Outcome
Obligations in the leases transmitted against the executors; the estate is liable.
Legal Topics
Lease Obligations, Entail, Transmissibility of Obligations, Liability of Executors, Damages for Breach of Lease
Property Law Succession Law Contract Law Lease Obligations Entail Transmissibility of Obligations Liability of Executors Damages for Breach of Lease

Case Brief

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Parties

William Neale Bubb and another, executors and trustees of the late Sir Rodney Stuart Riddell

Petitioners

James Milligan's Trustees

Claimants

Charles Gordon Gillespie and William Boyd Moir

Claimants

Procedural Posture

Petition for Opinion Under British Law Ascertainment Act 1859 / Final Judgment by Court of Session Inner House First Division

Legal Issues

  1. 1 Whether obligations in leases granted by an heir of entail transmit against the executors of the lessor upon his death
  2. 2 Whether the executors are liable to take over or pay for sheep stock as per lease terms
  3. 3 Whether the heritable and moveable estates of the deceased are liable for such obligations

Ratio Decidendi

The Court held that the obligations in the leases to take over and pay for sheep stock were personal obligations of the grantor and thus transmitted against his executors. The whole heritable estate held in fee-simple and the whole moveable estate of the deceased were liable to make good the obligations under the leases.

Court Disposition

Obligations in the leases transmitted against the executors; the estate is liable.

Orders

  • The whole heritable estate held in fee-simple and the whole moveable estate of the late Sir Rodney Riddell are liable to make good the obligations in Milligan's, Moir's, and Ranachan leases to take over and pay for sheep stock at the relevant terms.
  • The same estates are liable to make good to Charles Gordon Gillespie any loss sustained by reason of the stock of sheep on the Ardery lease not having been taken over and paid for in terms of the lease.