Thomson v. Thomson [1905] ScotLR 42_711 (08 July 1905)

Thomson v. Thomson [1905] ScotLR 42_711 (08 July 1905)

Arrestment recalled to the extent of £150 per annum as suitable alimentary provision; remainder subject to diligence.

Citation
[1905] ScotLR 42_711
Parties
Petitioner: John Durham Thomson; Respondent: Mrs Thomson; Respondent: Gordon, Petrie, & Shand, S. S. C.
Jurisdiction
Scotland
Judgment Date
08 July 1905
Procedural Posture
Petition for Recall of Arrestments / Interlocutor Pronounced
Outcome
petition granted in part
Legal Topics
Alimentary Provision, Diligence, Attachment of Income, Excess Over Suitable Aliment
Family Law Trusts and Estates Alimentary Provision Diligence Attachment of Income Excess Over Suitable Aliment

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Parties

John Durham Thomson

Petitioner

Mrs Thomson

Respondent

Gordon, Petrie, & Shand, S. S. C.

Respondent

Procedural Posture

Petition for Recall of Arrestments / Interlocutor Pronounced

Legal Issues

  1. 1 Whether arrestments can attach alimentary provision beyond suitable aliment
  2. 2 Onus of proof regarding excessiveness of alimentary provision

Ratio Decidendi

Arrestment recalled to the extent of £150 per annum as suitable alimentary provision; remainder subject to diligence.

Court Disposition

petition granted in part

Orders

  • Recall the arrestment to the extent of £150 per annum, to which sum the petitioner is entitled as a suitable alimentary provision for him out of the annual income derived from the trust estate held for behoof of the petitioner in liferent by the trustees of the deceased Alexander Thomson.