Devlin v. Lowrie [1922] ScotLR 209 (21 February 1922)

Devlin v. Lowrie [1922] ScotLR 209 (21 February 1922)

The surviving niece, Mrs Devlin, holds only a fiduciary fee for her heirs and is not entitled to grant a valid disposition of the property to the purchaser.

Citation
[1922] ScotLR 209
Parties
Applicant: Mrs Isabella White or Devlin; Applicant: Miss Jane F. E. White; Respondent: James Lowrie
Jurisdiction
Scotland
Judgment Date
21 February 1922
Procedural Posture
Special Case / Judgment
Outcome
Question answered in the negative; applicant not entitled to grant valid disposition.
Legal Topics
Fiduciary Fee, Liferent, Disposition, Heirs, Destination to Strangers
Property Law Trusts and Estates Fiduciary Fee Liferent Disposition Heirs Destination to Strangers

Case Brief

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Parties

Mrs Isabella White or Devlin

Applicant

Miss Jane F. E. White

Applicant

James Lowrie

Respondent

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether the surviving niece is heritable proprietor and entitled to grant a valid disposition of the subjects to the purchaser

Ratio Decidendi

The surviving niece, Mrs Devlin, holds only a fiduciary fee for her heirs and is not entitled to grant a valid disposition of the property to the purchaser.

Court Disposition

Question answered in the negative; applicant not entitled to grant valid disposition.

Orders

  • Applicant not entitled to grant valid disposition of the property to the respondent.