The background to this case is a family dispute. In this case the dispute is over where the body of Private Mark Connolly (MC) will be buried. MC’s mother wishes to have him buried in Methil. His wife wishes him to be buried in Forfar. The petitioner in this matter is the widow of MC. MC died on 14 May 2011 whilst on a training course in Germany. MC named his mother and brother as his executors in his will. MC’s widow is entitled to all of h ...
|
On 27 September 1929, Colonel Patrick Young CBE executed a trust deed, which set out three main purposes. The first of those was the payment of the annual income of the trust fund "to or for behoof of my said children and the survivors and survivor of them equally among them....for their alimentary use...and for their maintenance, education and upbringing". His children were to receive an alimentary liferent until, in the case of sons, they came of age, or, in the case of daughters, they married ...
|
On 25 August 2006, the Appellant applied to amend his claim so as to continue it both in his own personal capacity and on behalf of the estate. The First and Second Respondents resisted the application on the grounds (a) that the amendment was barred as being out of time under section 35 of the Limitation Act 1980 (‘the Act’) and rule 19.5 of the Civil Procedure Rules (‘the CPR’), and (b) that there were no ‘special circumstances’ which entitled the Appellant, as a beneficiary, to continue the c ...
|
Reclaiming Motion:- On 24 March 2009 decree of absolvitor was pronounced by the Lord Ordinary at a continued hearing on the motion roll. Here the second pursuer reclaimed in so far as the decree concerned the claims advanced in the action by the second pursuer. When the case called in court on 24 March 2009 the first pursuer was present in person but the reclaimer and the third pursuer were not represented because their solicitors had withdrawn from acting. The Lord Ordinary granted absolvi ...
|
Appeal from the sheriff court:- In 2003 David John Manning died leaving his estate to his widow, the defender and respondent, as sole executrix. The pursuer and appellant, the deceased's daughter, sought to exercise her legal rights in respect of the deceased's moveable estate and was told by solicitors acting for the respondent that she was entitled to around £25,000. The appellant was dissatisfied with the valuation of her rights and, in 2006, she made a Summary Application under Section ...
|
The Pursuers were relatives of the late Peter Baxter ("the deceased"). The Defender was his widow. The deceased and the Defender were married in 1990. The deceased made a will in 1999 leaving his entire estate to the Defender and did not make a subsequent will. He and the Defender separated in 2005 and then entered into a Minute of Agreement. The Pursuers sought Declarator that the deceased had died intestate; that by virtue of the Minute of Agreement, the Defender had renoun ...
|
The appellant, David Thorner, is a farmer who, for nearly 30 years, did substantial work without pay on the farm of his father’s cousin Peter Thorner. The judge found that from 1990 until his death in 2005, Peter encouraged David to believe that he would inherit the farm and that David acted in reliance upon this assurance. In the event, however, Peter left no will. In these proceedings, David claims that by reason of the assurance and reliance, Peter’s estate is estopped from denyin ...
|
Appeal in Stated Case under Section 3 of the Administration of Justice (Scotland) Act 1972:- The appellant and his parents entered in to a partnership dated 24 June 1976 for the purpose of conducting the business of farmers at Netherfield Farm, Coalburn, Lanarkshire. The partnership was dissolved by the death of Margaret Longmuir on 2 April 1994. The respondents are the three sisters of the appellant and executors dative of the deceased Margaret Longmuir. Due to various areas of dispute between ...
|
Charities and Trustee Investment (Scotland) Act 2005 - Petition:- The petitioner is the holder of the Office of the Scottish Charity Regulator ("OSCR") and was formed under the Charities and Trustee Investment (Scotland) Act 2005. In terms of section 1(5) of the 2005 Act petitioner's general functions are:- (a) to determine whether bodies are charities; (b) to keep a public register of charities; (c) to encourage, facilitate and monitor compliance by charities with the provisions of the 2005 Act ...
|
Minute of Agreement – meaning of term “whole right, title and interest” The Pursuer/Respondent was the Executrix-Dative of her mother, who died in 2005. Her mother and the Defender/Appellant were married and had purchased a house. The Disposition in their favour recorded that the property was disponed to them “equally between them and to the survivor of them”. When the Pursuer’s mother and the Defender separated they entered into a Minute of Agreement ...
|
| 1 2 |