Scottish Court of Session Decisions

Subject_1 FOREIGN.
Subject_2 DIVISION X.

Succession by what Law regulated.

Mary Morris
v.
Robert Wright

Date: 19 January 1785
Case No. No 112.

Succession of moveables governed by the law of the place in which they were situated at the death of the proprietor.

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Mary Morris, as next of kin, according to the law of England, brought an action against Robert Wright, who, as executor by the law of Scotland, had intromitted with moveable effects situated in this country, but which had belonged to a person whose domicil was in England.

Thus the general question again occurred, Whether succession in moveables should be regulated by the law of the place in which the deceased proprietor resided, or by the law of the country in which the effects were situated at his death? The case was taken to report upon informations; and the Lords, without entering into a particular discussion of it, considered the point as now firmly established, that the lex loci ought to be the rule. Accordingly, it was

Observed on the Bench; Such was the decision in the case of Duncan, in 1738, (See Appendix), and in the competition for the moveable estate of Lord Daire, in 1744., as well as in the more recent cases of Davidson contra Elcherson, No 111. p. 4613., and Henderson contra M'Lean, No 112. p. 4615. The determination in the case of Brown of Braid, No 109. p. 4604., the only one which could be adduced in support of a contrary doctrine, was given by a thin Bench, upon a verbal report; and though not altered, because never brought under review, was exploded by the most eminent lawyers of the time.

‘The Lords unanimously sustained the defences.’

Reporter, Lord Hailes. Act. Lord Advocate Campbell. Alt. Wight. Clerk, Orme. Fol. Dic. v. 3. p. 223. Fac. Col. No 193. p. 304.