Schulze Petitioner [1917] ScotLR 306 (02 March 1917)

Schulze Petitioner [1917] ScotLR 306 (02 March 1917)

A non-naturalised alien enemy, resident in the UK and compliant with the Aliens Restriction Act 1914 and Order, may be appointed executor-dative to a deceased British subject if British relatives decline or are unavailable, as such an alien is under the King's protection and entitled to civil rights, including access to the courts.

Citation
[1917] ScotLR 306
Parties
Petitioner: William Schulze; Respondent: Sheriff-Substitute (Guy)
Jurisdiction
Scotland
Judgment Date
02 March 1917
Procedural Posture
Petition (succession) / Appeal From Sheriff Court to Inner House, Court of Session
Outcome
Appeal allowed; interlocutor of Sheriff-Substitute recalled; petition remitted to grant prayer.
Legal Topics
Executor Dative Appointment, Rights of Alien Enemies, Aliens Restriction Act 1914, Aliens Restriction Order 1914, Intestate Succession
Succession War Law Alien Law Executor Dative Appointment Rights of Alien Enemies Aliens Restriction Act 1914 Aliens Restriction Order 1914 Intestate Succession

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Parties

William Schulze

Petitioner

Sheriff-Substitute (Guy)

Respondent

Procedural Posture

Petition (succession) / Appeal From Sheriff Court to Inner House, Court of Session

Legal Issues

  1. 1 Whether a non-naturalised alien enemy resident in the UK and compliant with the Aliens Restriction Act 1914 may be appointed executor-dative to a deceased British subject.

Ratio Decidendi

A non-naturalised alien enemy, resident in the UK and compliant with the Aliens Restriction Act 1914 and Order, may be appointed executor-dative to a deceased British subject if British relatives decline or are unavailable, as such an alien is under the King's protection and entitled to civil rights, including access to the courts.

Court Disposition

Appeal allowed; interlocutor of Sheriff-Substitute recalled; petition remitted to grant prayer.

Orders

  • Recall of interlocutor refusing petition
  • Remit to Sheriff-Substitute to grant petition appointing petitioner as executor-dative