Hedderwick v. Morison [1901] ScotLR 39_124 (22 November 1901)

Hedderwick v. Morison [1901] ScotLR 39_124 (22 November 1901)

The trust-assignation was in substance a matrimonial provision by the husband for his wife and children, not repayment of a debt. Such a provision is forfeited by the wife's divorce for adultery, regardless of any moral or onerous cause for its granting.

Citation
[1901] ScotLR 39_124
Parties
Pursuer: Mrs Annie Eliza Jane Fleeming Matthews or Hedderwick; Defenders: Andrew Smith, William Annan, and James Matthews (trustees) and Alexander Morison
Jurisdiction
Scotland
Judgment Date
22 November 1901
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; judgment for defenders affirmed
Legal Topics
Matrimonial Provision, Divorce, Forfeiture of Provision, Postnuptial Settlement, Trust Assignation
Family Law Trusts and Estates Matrimonial Provision Divorce Forfeiture of Provision Postnuptial Settlement Trust Assignation

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Parties

Mrs Annie Eliza Jane Fleeming Matthews or Hedderwick

Pursuer

Andrew Smith, William Annan, and James Matthews (trustees) and Alexander Morison

Defenders

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a postnuptial trust provision in favour of a wife is forfeited upon her divorce for adultery
  2. 2 Whether the provision constituted repayment of a debt or a matrimonial provision

Ratio Decidendi

The trust-assignation was in substance a matrimonial provision by the husband for his wife and children, not repayment of a debt. Such a provision is forfeited by the wife's divorce for adultery, regardless of any moral or onerous cause for its granting.

Court Disposition

appeal dismissed; judgment for defenders affirmed

Orders

  • Court adhered to the Lord Ordinary's interlocutor assoilzieing (absolving) the defenders from the conclusions of the summons.