Houston v. Aitken [1912] ScotLR 769 (15 June 1912)

Houston v. Aitken [1912] ScotLR 769 (15 June 1912)

Evidence of hereditary insanity in the testator's family is not necessarily irrelevant in civil cases; such evidence may be admissible if a proper foundation is laid, as it may assist medical experts in forming opinions relevant to the validity of the will.

Citation
[1912] ScotLR 769
Parties
Pursuer: Mrs Isabella C. Galloway or Houston; Defender: Isabella Aitken
Jurisdiction
Scotland
Judgment Date
15 June 1912
Procedural Posture
Civil / Interlocutory Appeal on Amendment and Admissibility of Evidence
Outcome
Lord Ordinary's interlocutor recalled; amendment to record allowed; issues approved; case to proceed to jury trial.
Legal Topics
Reduction of Will, Hereditary Insanity, Admissibility of Evidence, Fraud and Circumvention
Probate Evidence Mental Health Law Reduction of Will Hereditary Insanity Admissibility of Evidence Fraud and Circumvention

Case Brief

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Parties

Mrs Isabella C. Galloway or Houston

Pursuer

Isabella Aitken

Defender

Procedural Posture

Civil / Interlocutory Appeal on Amendment and Admissibility of Evidence

Legal Issues

  1. 1 Is evidence of hereditary insanity in the testator's family relevant and admissible in a civil action for reduction of a will?
  2. 2 Should the record be amended to include averments regarding family history of mental disease?

Ratio Decidendi

Evidence of hereditary insanity in the testator's family is not necessarily irrelevant in civil cases; such evidence may be admissible if a proper foundation is laid, as it may assist medical experts in forming opinions relevant to the validity of the will.

Court Disposition

Lord Ordinary's interlocutor recalled; amendment to record allowed; issues approved; case to proceed to jury trial.

Orders

  • Record to be amended as proposed in the minute of amendment.
  • Issues approved for jury trial.