Gibson's Exrs v Anderson [1925] ScotCS CSIH_6 (26 June 1925)

Gibson's Exrs v Anderson [1925] ScotCS CSIH_6 (26 June 1925)

The jury was entitled to find, on the evidence, that the deceased was weak and facile in mind and that the defender impetrated the deeds by circumvention; the verdict is supported by sufficient evidence and should not be disturbed.

Citation
[1925] ScotCS CSIH_6
Parties
Pursuer: Gibson's Executor; Defender: Anderson
Jurisdiction
Scotland
Judgment Date
26 June 1925
Procedural Posture
Action for Reduction and Payment / Appeal From Jury Verdict; Motion to Set Aside Verdict
Outcome
Rule discharged; verdict for pursuer stands
Legal Topics
Reduction of Testamentary Writings, Facility and Circumvention, Testamentary Capacity, Fraud and Undue Influence, Burden of Proof in Reduction Actions
Succession Law Property Law Trusts and Estates Reduction of Testamentary Writings Facility and Circumvention Testamentary Capacity Fraud and Undue Influence Burden of Proof in Reduction Actions

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Parties

Gibson's Executor

Pursuer

Anderson

Defender

Procedural Posture

Action for Reduction and Payment / Appeal From Jury Verdict; Motion to Set Aside Verdict

Legal Issues

  1. 1 Whether the deceased was weak and facile in mind at the time of executing the deeds
  2. 2 Whether the defender impetrated the deeds by fraud or circumvention
  3. 3 Whether the jury's verdict was supported by the evidence and should stand

Ratio Decidendi

The jury was entitled to find, on the evidence, that the deceased was weak and facile in mind and that the defender impetrated the deeds by circumvention; the verdict is supported by sufficient evidence and should not be disturbed.

Court Disposition

Rule discharged; verdict for pursuer stands

Orders

  • Deeds reduced as sought
  • Payment of £240 ordered to pursuer