Horsburgh v. Thomson's Executors and Others [1911] ScotLR 257 (20 December 1911)

Horsburgh v. Thomson's Executors and Others [1911] ScotLR 257 (20 December 1911)

The pursuer's averments, when read in the context of the whole pleadings, are relevant to support an issue of facility and circumvention. The case should proceed to inquiry before a jury on the issues proposed.

Citation
[1911] ScotLR 257
Parties
Pursuer: Amelia Taylor Horsburgh; Defenders: John Thomson's Executors (including John Thomson, Frank Watson); Defender: John Thomson (as individual); Defender: Mrs Isabella Thomson or Campbell; Defenders: Mrs Jane Thomson or Watson and Frank Watson (as curator)
Jurisdiction
Scotland
Judgment Date
20 December 1911
Procedural Posture
Civil Action for Reduction of Testamentary Writings / Interlocutory—plea to Relevancy and Remit to Jury on Issues of Facility and Circumvention
Outcome
Court adhered to the Lord Ordinary's interlocutor; issues of facility and circumvention to be remitted to a jury.
Legal Topics
Reduction of Testamentary Writings, Facility and Circumvention, Fraud, Relevancy of Averments
Succession Law Civil Procedure Reduction of Testamentary Writings Facility and Circumvention Fraud Relevancy of Averments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Amelia Taylor Horsburgh

Pursuer

John Thomson's Executors (including John Thomson, Frank Watson)

Defenders

John Thomson (as individual)

Defender

Mrs Isabella Thomson or Campbell

Defender

Mrs Jane Thomson or Watson and Frank Watson (as curator)

Defenders

Procedural Posture

Civil Action for Reduction of Testamentary Writings / Interlocutory—plea to Relevancy and Remit to Jury on Issues of Facility and Circumvention

Legal Issues

  1. 1 Whether the pursuer's averments are relevant to support an issue of facility and circumvention regarding the impetration of testamentary writings by Mrs Campbell.
  2. 2 Whether the case should be remitted to a jury for inquiry.

Ratio Decidendi

The pursuer's averments, when read in the context of the whole pleadings, are relevant to support an issue of facility and circumvention. The case should proceed to inquiry before a jury on the issues proposed.

Court Disposition

Court adhered to the Lord Ordinary's interlocutor; issues of facility and circumvention to be remitted to a jury.

Orders

  • Issues of facility and circumvention as proposed by the pursuer approved and remitted to jury trial.
  • Defenders' pleas to relevancy refused.