M'Murrich's Trustees v. M'Murrich's Trustees [1903] ScotLR 41_81 (18 November 1903)

M'Murrich's Trustees v. M'Murrich's Trustees [1903] ScotLR 41_81 (18 November 1903)

Proof of the alleged agreement to divide funds destined to the survivor under a private Act of Parliament can only be established by writ or oath, as it constitutes an innominate and unusual contract involving the transference of a right of succession conferred by writing, and parole evidence is inadmissible.

Citation
[1903] ScotLR 41_81
Parties
Pursuer: Marcus John Brown, S. S. C., Edinburgh, and others, trustees of the late James M'Murrich; Defender: Peter M'Murrich, residing at Faskadail, Dunblane, and his testamentary trustees
Jurisdiction
Scotland
Judgment Date
18 November 1903
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; interlocutor of Lord Ordinary affirmed
Legal Topics
Proof of Innominate Contracts, Transference of Right of Succession, Admissibility of Parole Evidence, Assignment of Incorporeal Rights
Succession Law Contract Law Evidence Law Proof of Innominate Contracts Transference of Right of Succession Admissibility of Parole Evidence Assignment of Incorporeal Rights

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Parties

Marcus John Brown, S. S. C., Edinburgh, and others, trustees of the late James M'Murrich

Pursuer

Peter M'Murrich, residing at Faskadail, Dunblane, and his testamentary trustees

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether an alleged agreement to divide funds destined to the survivor can be proved by parole evidence or only by writ or oath
  2. 2 Whether a transference of a right of succession conferred by writing can be effected by parole agreement

Ratio Decidendi

Proof of the alleged agreement to divide funds destined to the survivor under a private Act of Parliament can only be established by writ or oath, as it constitutes an innominate and unusual contract involving the transference of a right of succession conferred by writing, and parole evidence is inadmissible.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary affirmed

Orders

  • Proof of the alleged agreement only competent by writ or oath of party
  • No parole evidence admissible for the agreement or mandate