Earl of Mansfield, Petitioner [1908] ScotLR 378 (18 January 1908)

Earl of Mansfield, Petitioner [1908] ScotLR 378 (18 January 1908)

The entail of Logiealmond was executed in terms of the trust created by the testator's codicil in 1840; section 28 of the Entail Amendment Act 1848 applies, fixing the date of the entail as 1840. The petitioner, born after that date, is entitled to disentail the estate without the consent of the next heir.

Citation
[1908] ScotLR 378
Parties
Petitioner: Alan David, Earl of Mansfield; Respondent: Lord Scone (represented by tutor ad litem)
Jurisdiction
Scotland
Judgment Date
18 January 1908
Procedural Posture
Petition for Authority to Disentail / Judgment on Entitlement to Disentail Without Consent
Outcome
petition granted
Legal Topics
Entail, Disentail, Trust Execution, Entail Amendment Act 1848, Artificial Date of Entail
Property Law Trusts and Estates Scots Law Entail Disentail Trust Execution Entail Amendment Act 1848 Artificial Date of Entail

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Parties

Alan David, Earl of Mansfield

Petitioner

Lord Scone (represented by tutor ad litem)

Respondent

Procedural Posture

Petition for Authority to Disentail / Judgment on Entitlement to Disentail Without Consent

Legal Issues

  1. 1 Whether the petitioner is entitled to disentail the estate without the consent of the next heir
  2. 2 What is the legal date of the entail for purposes of the Entail Amendment Act 1848
  3. 3 Whether the entail was executed in terms of a trust as contemplated by the statute

Ratio Decidendi

The entail of Logiealmond was executed in terms of the trust created by the testator's codicil in 1840; section 28 of the Entail Amendment Act 1848 applies, fixing the date of the entail as 1840. The petitioner, born after that date, is entitled to disentail the estate without the consent of the next heir.

Court Disposition

petition granted

Orders

  • Remitted to the Lord Ordinary to grant the prayer of the petition permitting disentail without consent of the next heir