By a settlement executed prior to the marriage of a domiciled Scotchman to a domiciled Englishwoman it was provided-‘It is hereby agreed and declared by all the parties hereto, and particularly by the husband, that these presents shall be construed, and that the rights of all parties claiming hereunder shall be regulated, according to the law of England, in the same manner as if the husband were now domiciled in England and as if the husband and wife were to remain henceforth during their respective lives domiciled in England.’
The husband having obtained in the Scotch courts a decree of divorce for adultery against the wife, he sought declarator that a liferent in favour of the wife of certain funds held under the settlement had been lost by her and should be paid to him on the footing of her death, or alternatively that he was entitled to such an equitable modification of the settlement as would have been made by the English courts if the divorce had been there granted.
Held, sus. decision of the First Division, that the trustees under the settlement fell to be assoilzied from the earlier conclusions, and that the alternative conclusion fell to be dismissed.
Judges:
Lord Chancellor (Finlay), Viscount Haldane, Lord Dunedin, and Lord Shaw
Citations:
[1918] UKHL 597, 55 SLR 597
Links:
Jurisdiction:
Scotland
Trusts
Updated: 09 June 2022; Ref: scu.631477