Ewing and Another v. Mathieson and Others [1904] ScotLR 41_594 (04 February 1904)

Ewing and Another v. Mathieson and Others [1904] ScotLR 41_594 (04 February 1904)

No interest is due for the period prior to the liferentrix's death; interest is payable from the date of her death at the average rate yielded by the trust estate. Arrears of annuities, including alimentary annuities, are claimable when the estate is sufficient.

Citation
[1904] ScotLR 41_594
Parties
Claimant: Ewing and Another; Respondent: Mathieson and Others; Claimant: James Ewing's Trustees and Others; Respondent: Cameron's Trustees; Respondent: Free Church of Scotland and Others; Respondent: Trustees of John Crum and Others
Jurisdiction
Scotland
Judgment Date
04 February 1904
Procedural Posture
Action of Multiplepoinding and Exoneration / Final Judgment, Settled by Joint Minute
Outcome
claims for interest prior to liferentrix's death rejected; interest allowed from 14th June 1896 at average trust rate; arrears of annuities allowed
Legal Topics
Legacy, Annuity, Interest on Legacies, Proportional Abatement, Aliment
Succession Trusts Property Legacy Annuity Interest on Legacies Proportional Abatement Aliment

Case Brief

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Parties

Ewing and Another

Claimant

Mathieson and Others

Respondent

James Ewing's Trustees and Others

Claimant

Cameron's Trustees

Respondent

Free Church of Scotland and Others

Respondent

Trustees of John Crum and Others

Respondent

Procedural Posture

Action of Multiplepoinding and Exoneration / Final Judgment, Settled by Joint Minute

Legal Issues

  1. 1 Whether legatees and annuitants are entitled to interest prior to the death of the liferentrix
  2. 2 Whether arrears of alimentary annuities can be claimed
  3. 3 What rate of interest is payable on unpaid legacies and annuities

Ratio Decidendi

No interest is due for the period prior to the liferentrix's death; interest is payable from the date of her death at the average rate yielded by the trust estate. Arrears of annuities, including alimentary annuities, are claimable when the estate is sufficient.

Court Disposition

claims for interest prior to liferentrix's death rejected; interest allowed from 14th June 1896 at average trust rate; arrears of annuities allowed

Orders

  • Payment of unpaid balances of legacies with interest from 14th June 1896
  • Payment of unpaid balances of annuities with interest from 14th June 1896