Miller's Executrix v. Miller's Trustees [1921] ScotLR 186 (22 December 1921)

Miller's Executrix v. Miller's Trustees [1921] ScotLR 186 (22 December 1921)

The pursuer is entitled to one-half of the sum in the deposit-receipts as executrix quoad omissa, as the presumption against donation was not overcome and the joint title reflected proprietary rights; delay did not bar the claim, but limited recovery to half due to lack of proof for the whole and acquiescence by the family.

Citation
[1921] ScotLR 186
Parties
Pursuer/executrix Quoad Omissa: Mrs Agnes Miller or Cruickshank; Defenders: James Graham and John Jackson Coats (Trustees of Miss Isabella Miller) and certain charitable institutions
Jurisdiction
Scotland
Judgment Date
22 December 1921
Procedural Posture
Civil (action of Count and Reckoning) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; decree for pursuer for half the deposit-receipts with interest.
Legal Topics
Personal Bar, Mora (delay), Executor Duties, Joint Deposit Receipts, Presumption Against Donation
Succession Law Trusts and Estates Personal Bar Mora (delay) Executor Duties Joint Deposit Receipts Presumption Against Donation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mrs Agnes Miller or Cruickshank

Pursuer/executrix Quoad Omissa

James Graham and John Jackson Coats (Trustees of Miss Isabella Miller) and certain charitable institutions

Defenders

Procedural Posture

Civil (action of Count and Reckoning) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division

Legal Issues

  1. 1 Whether the pursuer as executrix quoad omissa is entitled to an account for the sum on deposit-receipt in joint names of deceased and daughter, or any part thereof
  2. 2 Whether the claim is barred by mora, taciturnity, and acquiescence
  3. 3 Whether the presumption against donation is overcome

Ratio Decidendi

The pursuer is entitled to one-half of the sum in the deposit-receipts as executrix quoad omissa, as the presumption against donation was not overcome and the joint title reflected proprietary rights; delay did not bar the claim, but limited recovery to half due to lack of proof for the whole and acquiescence by the family.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; decree for pursuer for half the deposit-receipts with interest.

Orders

  • Defenders (Miss Isabella Miller's trustees) to pay pursuer £1547, 7s. (half of £3094, 14s. 1d.) with simple interest at 5% from date of Mrs Miller's death.