Swanson v Manson [1907] ScotCS CSIH_6 (16 January 1907)

Swanson v Manson [1907] ScotCS CSIH_6 (16 January 1907)

The pursuer's title and interest as next of kin are extinguished by the existence of a prior settlement that excludes the next of kin and remains unreduced; an agreement with the beneficiaries under the prior settlement does not confer a legal title to sue for reduction.

Citation
[1907] ScotCS CSIH_6
Parties
Pursuer: Swanson; Defender: Manson
Jurisdiction
Scotland
Judgment Date
16 January 1907
Procedural Posture
Action of Reduction / Appeal From Lord Ordinary
Outcome
action dismissed
Legal Topics
Reduction of Testament, Title and Interest to Sue, Effect of Prior Settlement, Next of Kin Rights
Succession Law Property Law Reduction of Testament Title and Interest to Sue Effect of Prior Settlement Next of Kin Rights

Case Brief

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Parties

Swanson

Pursuer

Manson

Defender

Procedural Posture

Action of Reduction / Appeal From Lord Ordinary

Legal Issues

  1. 1 Whether the pursuer as next of kin has title and interest to seek reduction of a will when a prior settlement excludes the next of kin
  2. 2 Whether an agreement between next of kin and beneficiaries under a prior settlement can confer title to sue

Ratio Decidendi

The pursuer's title and interest as next of kin are extinguished by the existence of a prior settlement that excludes the next of kin and remains unreduced; an agreement with the beneficiaries under the prior settlement does not confer a legal title to sue for reduction.

Court Disposition

action dismissed

Orders

  • action dismissed; no issue allowed