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Trust & Executries
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Trust & Executries Cases
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Petition for Appointment of Executor Dative by Dennis Murray, DP3/2012, 15 March 2012
This is a Note by Sheriff A G McCulloch in the matter of a petition for the appointment as executor dative by Dennis Murray.
Mr Murray is one of four children of the deceased. The widow of the deceased was made the subject of a guardianship order. Mr Murray was appointed as her guardian.
As the widow’s prior rights would exhaust the whole estate of the deceased, the normal procedure would have been for the widow or her guardian to be appointed as executor dative. However, the guardianship order in this case unusually did not contain a power...
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Gordon Turner v John Turner, 7 March 2012 [2012] CSOH 41
This case concerns a matter that had not previously come before the Scottish courts.
The facts of this case were not in dispute and were set out in a joint minute agreed by the parties. Miss Isabella Gordon granted a Power of Attorney in 1996 in favour of her solicitor. This included the power to sell any part of her estate. In 1997 she executed a Will in which she bequeathed her home in Stonehaven to John Turner. In 2001 Miss Gordon became incapable of managing her own affairs and moved into a nursing home. Her Attorney sold...
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Philip William Howard v Sir John Philip Howard-Lawson BT, (2011) EWHC 63 (Ch)
The England & Wales Court of Appeal has ruled that a baronet’s failure to adopt the ancestral family name within a certain period of time did not disqualify him from inheriting the family castle.
The background to this case is Corby Castle in north Cumbria. Sir John Howard-Lawson inherited Corby Castle in 1962 and sold it for £2.5m in 1994. Corby Castle had been the family seat for around four hundred years.
His own son Philip Howard later demanded around £1.5m from the sale proceeds. Philip’s argument was that his father had not complied with the archaic terms...
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Mrs SC for Judicial Review of a decision of the Service Personnel and Veterans Agency of the Ministry of Defence Outer House, Court of Session, [2011] CSOH 124
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 his estate under his will and therefore has the...
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Special case for Patrick Charles Young's Trustees & Patrick Andrew Young and others & Patrick Charles Young's Executors [2010] CSIH 84
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. At that point they were each to receive capital of £4,000, to support...
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