Younger & Son, Ltd Petitioners [1902] ScotLR 40_102 (14 October 1902)

Sequestration may be awarded after the debtor's death if the petition was presented and statutory requirements are met; citation of representatives is not required under the circumstances.

Citation: [1902] ScotLR 40_102
Parties: Petitioner: Younger & Son, Limited; Respondent: Thomas Hall (deceased)
Jurisdiction: Scotland
Judgment Date: 14 October 1902
Procedural Posture: Bankruptcy Petition / Award of Sequestration Following Debtor's Death
Outcome: sequestration awarded
Legal Topics: Sequestration After Debtor's Death, Procedure Under Bankruptcy (scotland) Act 1856

Bankruptcy Insolvency Sequestration After Debtor's Death Procedure Under Bankruptcy (scotland) Act 1856

Case Brief

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Parties

Younger & Son, Limited

Petitioner

Thomas Hall (deceased)

Respondent

Procedural Posture

Bankruptcy Petition / Award of Sequestration Following Debtor's Death

Legal Issues

1 Whether sequestration can be awarded after the debtor's death when the petition was presented prior to death
2 Whether citation of the deceased debtor's representatives is necessary before awarding sequestration

Ratio Decidendi

Sequestration may be awarded after the debtor's death if the petition was presented and statutory requirements are met; citation of representatives is not required under the circumstances.

Court Disposition

sequestration awarded

Orders

Sequestrates the estates and effects of Thomas Hall, deceased, in terms of the Bankruptcy (Scotland) Act 1856 and related Acts
Declares the estate to belong to creditors for the purposes of the Acts