Brown v Robertson: SCS 29 Jul 1896

The widow of a publican who had carried on business without a lease was appointed executrix, obtained a transfer of the certificate, and carried on the business for her own behoof. In an action at the instance of a trustee for the creditors on the husband’s estate it was decided that the widow was bound to account as executrix for the value of the goodwill as at the date of the husband’s death. Held (per Lord Kyllachy) that in estimating the amount of this liability the test was the amount which a trustee for the creditors of the husband would have obtained for the goodwill – considered as an introduction to the landlord, and to the licensing authority – from a purchaser who was aware that the widow would be a rival applicant for the licence.

[1896] SLR 34 – 570

Wills and Probate

Updated: 23 January 2022; Ref: scu.612689