Bell's Trustee v. Bell's Trustee [1907] ScotLR 588 (20 March 1907)

Bell's Trustee v. Bell's Trustee [1907] ScotLR 588 (20 March 1907)

John Wanliss Bell, by his conduct and twelve years of acquiescence in the family arrangement, must be held to have elected to accept the testamentary provisions in lieu of legitim, barring both his own and his trustee's claim to legitim.

Citation
[1907] ScotLR 588
Parties
Pursuer: William Finlayson, trustee on the sequestrated estate of John Wanliss Bell; Defender: Henry Jameson, testamentary trustee of William Bell
Jurisdiction
Scotland
Judgment Date
20 March 1907
Procedural Posture
Succession Dispute (legitim Claim) / Appeal to Court of Session Inner House, Second Division
Outcome
appeal dismissed; interlocutor affirmed; action cannot be maintained by the trustee; defender assoilzied
Legal Topics
Legitim, Election, Implied Discharge, Testamentary Provisions, Family Arrangements
Succession Bankruptcy Legitim Election Implied Discharge Testamentary Provisions Family Arrangements

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Parties

William Finlayson, trustee on the sequestrated estate of John Wanliss Bell

Pursuer

Henry Jameson, testamentary trustee of William Bell

Defender

Procedural Posture

Succession Dispute (legitim Claim) / Appeal to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether John Wanliss Bell had discharged his claim to legitim and accepted testamentary provisions by conduct and acquiescence
  2. 2 Whether the trustee in bankruptcy could claim legitim after twelve years of acquiescence

Ratio Decidendi

John Wanliss Bell, by his conduct and twelve years of acquiescence in the family arrangement, must be held to have elected to accept the testamentary provisions in lieu of legitim, barring both his own and his trustee's claim to legitim.

Court Disposition

appeal dismissed; interlocutor affirmed; action cannot be maintained by the trustee; defender assoilzied

Orders

  • Dismiss the appeal and affirm interlocutor appealed against
  • Repel pursuer's pleas-in-law