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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Christisons v. Christison [1881] ScotLR 18_528 (2 June 1881) URL: http://www.bailii.org/scot/cases/ScotCS/1881/18SLR0528.html Cite as: [1881] SLR 18_528, [1881] ScotLR 18_528 |
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Page: 528↓
[Sheriff of Caithness, Orkney, and Zetland.
Terms of writ held to constitute a universal legatory, and to entitle the person so favoured to be decerned executor in a competition with the next-of-kin for that office.
Hugh Christison, a shepherd residing at Steenswall, Zetland, died on 27th December 1880 leaving a will in the following terms:—
“October 18 1879 Hugh Christison this Will I writ with my own free will and acord all siller and stok remaines too the oldest liver Both sard if thir be aney over the wiffes frindes get the third part of it my frindes getes the rest and every thing within the hous of hires and min goes too my frindes both agrabel for this.
Hugh Christison
Sally Christison.”
Thereupon competing petitions were presented in the Sheriff Court of Caithness, Orkney, and Zetland by his brothers John and David Christison on the one side, who sought to be decerned executors-dative qua next-of-kin to the deceased, and by his widow Sarah Bertie Christison on the other side, who sought that office qua general disponee of her deceased spouse under the holograph writ. The Sheriff-Substitute ( Rampini) decerned in favour of the brothers qua next-of-kin to the deceased. The widow having appealed, the Lords recalled the Sheriff-Substitute's interlocutor, being of opinion that as under the will she was the fiar of the property, she was entitled to be served executrix dative qua universal disponee.
Counsel for Appellant— Darling. Agent— Charles S. Taylor, S.S.C.
Counsel for Respondents— Galloway. Agent— Thomas Carmichael, S.S.C.