Greig v. The Trustees of the Widows' Fund of the Co. of Merchants of the City of Edinburgh [1919] ScotLR 292 (08 March 1919)

Greig v. The Trustees of the Widows' Fund of the Co. of Merchants of the City of Edinburgh [1919] ScotLR 292 (08 March 1919)

The pursuer's averments, though not conclusive, are sufficient to warrant inquiry into the facts. The presumption of life remains strong, but the court cannot conclude on the record alone that the pursuer could not adduce evidence sufficient to justify a decree. Proof before answer is necessary.

Citation
[1919] ScotLR 292
Parties
Pursuer: Mrs Agnes Douglas or Greig; Defenders: The Trustees of the Widows' Fund of the Company of Merchants of the City of Edinburgh
Jurisdiction
Scotland
Judgment Date
08 March 1919
Procedural Posture
Civil / Appeal From Lord Ordinary to Inner House, Interlocutor Recalled, Proof Before Answer Allowed
Outcome
interlocutor of Lord Ordinary recalled; proof before answer allowed
Legal Topics
Presumption of Death, Presumption of Life at Common Law, Burden of Proof, Widow's Annuity, Judicial Separation
Insurance Probate Family Law Presumption of Death Presumption of Life at Common Law Burden of Proof Widow's Annuity Judicial Separation

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Parties

Mrs Agnes Douglas or Greig

Pursuer

The Trustees of the Widows' Fund of the Company of Merchants of the City of Edinburgh

Defenders

Procedural Posture

Civil / Appeal From Lord Ordinary to Inner House, Interlocutor Recalled, Proof Before Answer Allowed

Legal Issues

  1. 1 Whether sufficient averments were made to warrant a presumption of death at common law
  2. 2 Whether the pursuer is entitled to a proof before answer regarding her husband's death
  3. 3 Whether the rules of the Widows' Fund override statutory rights under the Edinburgh Merchant Company Act 1898

Ratio Decidendi

The pursuer's averments, though not conclusive, are sufficient to warrant inquiry into the facts. The presumption of life remains strong, but the court cannot conclude on the record alone that the pursuer could not adduce evidence sufficient to justify a decree. Proof before answer is necessary.

Court Disposition

interlocutor of Lord Ordinary recalled; proof before answer allowed

Orders

  • Proof before answer allowed; case remitted for inquiry into the facts