Easson's Trustees v. Mailer [1901] ScotLR 38_700 (14 June 1901)

Easson's Trustees v. Mailer [1901] ScotLR 38_700 (14 June 1901)

The Court held that the donation of £500 to the defender was proved and that, as a successful defender and residuary legatee, no part of the litigation expenses should be paid out of her share of the residue.

Citation
[1901] ScotLR 38_700
Parties
Pursuers and Respondents: William Hazell and another, testamentary trustees of Thomas Easson, Dundee; Defender and Reclaimer: Mary Mailer
Jurisdiction
Scotland
Judgment Date
14 June 1901
Procedural Posture
Civil / Appeal (inner House, Second Division)
Outcome
Defender assoilzied (absolved); entitled to expenses; no expenses to be paid out of her share of residue.
Legal Topics
Testamentary Trusts, Donation Inter Vivos, Expenses of Litigation, Distribution of Residue
Trusts and Estates Civil Procedure Testamentary Trusts Donation Inter Vivos Expenses of Litigation Distribution of Residue

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

William Hazell and another, testamentary trustees of Thomas Easson, Dundee

Pursuers and Respondents

Mary Mailer

Defender and Reclaimer

Procedural Posture

Civil / Appeal (inner House, Second Division)

Legal Issues

  1. 1 Whether the £500 received by the defender was a donation from the testator or part of the estate
  2. 2 Whether the defender, as a residuary legatee, should have her share of the residue reduced by litigation expenses

Ratio Decidendi

The Court held that the donation of £500 to the defender was proved and that, as a successful defender and residuary legatee, no part of the litigation expenses should be paid out of her share of the residue.

Court Disposition

Defender assoilzied (absolved); entitled to expenses; no expenses to be paid out of her share of residue.

Orders

  • Recal the interlocutor reclaimed against
  • Assoilzie the defender