The Scots Law Times, Volume 1C.E. Green, 1920 - Law |
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Page 7
... amount of legitim paid to her as aforesaid . the balance is The second party is over fifty years of age , and it is deemed improbable that the sum withdrawn for her legitim could be fully compensated by the income accruing during her ...
... amount of legitim paid to her as aforesaid . the balance is The second party is over fifty years of age , and it is deemed improbable that the sum withdrawn for her legitim could be fully compensated by the income accruing during her ...
Page 8
... amount due as legitim has been paid to her . Thereupon the legal doctrine of equitable compensation came into operation under which the sums annually payable to the daughter fell to be accumulated for the benefit of those who had been ...
... amount due as legitim has been paid to her . Thereupon the legal doctrine of equitable compensation came into operation under which the sums annually payable to the daughter fell to be accumulated for the benefit of those who had been ...
Page 10
... amount which the trustees now have in hand . Under the principles established in Macfar- lane's case ( 1882 , 9 R. 1138 ) , the estate fell to be compensated out of the income that would otherwise have been payable to the liferentrix ...
... amount which the trustees now have in hand . Under the principles established in Macfar- lane's case ( 1882 , 9 R. 1138 ) , the estate fell to be compensated out of the income that would otherwise have been payable to the liferentrix ...
Page 11
... amount withdrawn by way of legitim had time when the testatrix was domiciled in Ire- been restored , there would have been a clear land , where such a claim as legitim is unknown . case for the application of the Thellusson Act . I ...
... amount withdrawn by way of legitim had time when the testatrix was domiciled in Ire- been restored , there would have been a clear land , where such a claim as legitim is unknown . case for the application of the Thellusson Act . I ...
Page 12
... amount to something like three times that amount . For these reasons , I am unable to concur in the proposed judgment . Lord Guthrie . - If question 2 is answered in the affirmative , it is admitted that the answer to question 1 must be ...
... amount to something like three times that amount . For these reasons , I am unable to concur in the proposed judgment . Lord Guthrie . - If question 2 is answered in the affirmative , it is admitted that the answer to question 1 must be ...
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1ST DIV 2ND DIV accordingly action Agents agreement amount appears appellants apply Argued arrestment averments burgh carpet charge charter-party claim clause coal collision compensation complaint conclusion contract Counsel course Court of Session creditors decision declarator decree defender's defenders dividend duty Edinburgh Eidsvaag entitled fact February Feniscliffe Gala Glasgow grease-box ground heir of entail held heritor house porter inter alia interest interlocutor judgment jurisdiction land liable liferent Lord Advocate Lord Moncreiff Lord Ordinary Lord President Lords Dundas Lords Mackenzie Lordships marriage Martinmas matter ment one-fifth opinion OUTER HOUSE owner paid parties payment person petition petitioner present provisions pursuer question referred regard rent respect respondent Scotland SCOTS LAW shares Sheriff Court Sheriff Courts Scotland Sheriff-Substitute shew ship Smith statute statutory stipend Summary Jurisdiction Scotland supervenient tenant testator tion trustees valuation valued teind vessel words