Messrs Annand and Colquhoun, and Their Assignees, and Messrs Gibson and Balfour, Merchants, Edinburgh, and Their Trustee v Helen Chessels or Scott, and James Scott, Her Husband: HL 24 Mar 1775

Jus Mariti – Exclusion of Do.- Where a party conveyed his heritable and moveable estate to his daughter, in trust for behoof of herself and children, excluding her husband’s jus mariti in the event of his insolvency; Held that his creditors were not entitled to claim any of his moveable estate, the same being vested in the daughter; but that they were entitled to claim the rents of the heritable, and interest of the moveable estate up to the date of the husband’s insolvency, on which event his right of administration ceased, in terms of the express provision in the settlement.

[1775] UKHL 2 – Paton – 369

Insolvency, Trusts

Updated: 13 January 2022; Ref: scu.561831