Scottish Court of Session Decisions

The deceased Mrs Jane Purvis or Taylor, widow of George Taylor, mahogany merchant, London, died at Glasgow on or about the 30th August 1884 in the house of Mr and Mrs Hollis, who were defenders in this action. Mrs Taylor left a deed of settlement, executed on the night on which she died. It was not signed by herself, but by a notary public, and was prepared by a writer in Glasgow.

The deed was a trust-disposition and settlement, the trustees being John Young and others, including Mrs Hollis. Mrs Hollis also received under the deed £2400 and the whole of the residue of Mrs Taylor's estate.

Three actions of reduction of the said trust-deed and settlement were raised by Walter Clark, William Clark, and Robert Clark and others, who were among the next-of-kin of the deceased, all sons of Mrs Jessie Purvis or Clark, who was a sister of the testatrix.

All the pursuers sought to reduce the alleged settlement of Mrs Taylor. Walter Clark and Robert Clark also sought to reduce assignations in favour of the defenders whereby they (pursuers) bore to assign to the defenders their right in Mrs Taylor's succession.

The pursuers averred that at the time when Mrs Taylor was alleged to have executed the deed she was quite incapable of managing or of giving directions for the management of her affairs, or at all events was in such a state as to be liable to circumvention, and had in fact been circumvented; that it was not her deed, but had been fraudulently obtained from her. It was also averred that the assignations sought to be reduced had been fraudulently obtained.

At the closing of the records the Lord Ordinary refused a motion by the pursuers for an order for the adjustment of issues, with a view to the causes being tried by jury, and appointed a proof in the cause to proceed on a day to be fixed.

The pursuers reclaimed, and asked the Court to appoint the parties to lodge issues, on the ground that this was the ordinary mode of trying cases of reduction on the ground of facility and circumvention.

Authorities— Munro v. Paterson and Strain, February 14, 1874, 1 R. 522; Crichton v. Crichton, March 3, 1874, 1 R. 688; M-Laurin v. Stafford, December 17, 1875, 3 R. 265.