Greig v. Trustees of Widows' Fund of Merchant Co., Edinburgh [1920] ScotLR 56 (06 November 1920)

Greig v. Trustees of Widows' Fund of Merchant Co., Edinburgh [1920] ScotLR 56 (06 November 1920)

The court held that, based on the evidence and circumstances, David Greig must be presumed to have died as at 31st December 1910. There is no reasonable doubt of his death by that date, and the same standard of proof applies whether the claim is contractual or for succession. The pursuer is entitled to the annuity from that date, but not to interest on arrears prior to decree.

Citation
[1920] ScotLR 56
Parties
Pursuer: Mrs Agnes Douglas or Greig; Defenders: Trustees of Widows' Fund of the Company of Merchants of the City of Edinburgh
Jurisdiction
Scotland
Judgment Date
06 November 1920
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
Decree granted for pursuer; interlocutor of Lord Ordinary recalled; declarator of death as at 31st December 1910; annuity awarded from that date; no interest on arrears prior to decree.
Legal Topics
Presumption of Death, Proof of Death, Widows' Fund Annuity, Interest on Arrears, Distinction Between Contract and Succession Cases, Burden of Proof, Presumption of Life
Insurance Law Succession Law Contract Law Evidence Law Presumption of Death Proof of Death Widows' Fund Annuity Interest on Arrears +3 more

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Parties

Mrs Agnes Douglas or Greig

Pursuer

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

Defenders

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether David Greig can be presumed dead for purposes of annuity payment
  2. 2 What date should be judicially determined as the date of death
  3. 3 Whether the standard of proof differs between contract and succession cases

Ratio Decidendi

The court held that, based on the evidence and circumstances, David Greig must be presumed to have died as at 31st December 1910. There is no reasonable doubt of his death by that date, and the same standard of proof applies whether the claim is contractual or for succession. The pursuer is entitled to the annuity from that date, but not to interest on arrears prior to decree.

Court Disposition

Decree granted for pursuer; interlocutor of Lord Ordinary recalled; declarator of death as at 31st December 1910; annuity awarded from that date; no interest on arrears prior to decree.

Orders

  • Declare David Greig presumed dead as at 31st December 1910.
  • Order defenders to pay pursuer £430 10s for annuity arrears from 31st December 1910 to 11th November 1920 (at £42 per annum to 11th November 1918, £50 thereafter).