Barras v. Scottish Widows' Fund and Life Assurance Society [1900] ScotLR 37_831 (27 June 1900)
A postnuptial trust provision in favour of a wife and children, being reasonable in amount and duly delivered and intimated, is not revocable by the husband, even with the consent of the wife, children, and trustees.
- Citation
- [1900] ScotLR 37_831
- Parties
- Pursuer: Dr James Barras; Defender: Scottish Widows' Fund and Life Assurance Society
- Jurisdiction
- Scotland
- Judgment Date
- 27 June 1900
- Procedural Posture
- Civil / Appeal From Dismissal of Action at First Instance
- Outcome
- appeal dismissed; judgment for defenders; action dismissed
- Legal Topics
- Postnuptial Provision, Revocation of Trust, Husband and Wife, Parent and Child, Alimentary Provision
Case Brief
Summary, issues, holding and outcome
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Parties
Dr James Barras
Pursuer
Scottish Widows' Fund and Life Assurance Society
Defender
Procedural Posture
Civil / Appeal From Dismissal of Action at First Instance
Legal Issues
- 1 Whether a husband can revoke a postnuptial trust provision in favour of his wife and children with their consent and that of the trustees
- 2 Whether the provision is revocable if it is reasonable in amount and has been delivered and intimated
Ratio Decidendi
A postnuptial trust provision in favour of a wife and children, being reasonable in amount and duly delivered and intimated, is not revocable by the husband, even with the consent of the wife, children, and trustees.
Court Disposition
appeal dismissed; judgment for defenders; action dismissed
Orders
- Court adhered to the Lord Ordinary's decision dismissing the action.
Full Case Text
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