A subject was assigned to two spouses ‘in conjunct fee and to the survivor of them in fee, and at the death of the survivor to the heirs of the spouses equally between them.’
They subsequently executed a mutual general disposition by which they disponed to and in favour of the survivor in liferent for his or her liferent use only, and at the death of the survivor to two sons of the wife by a previous marriage, equally between them, their whole estate, heritable and moveable.
The subject acquired by them under the assignation was the only property belonging to the spouses at the time when they executed this disposition.
Held (1) that the assignation conferred upon the husband and wife a joint fee with the benefit of survivorship; (2) that the general mutual disposition evacuated the destination of the subject to their heirs contained in the assignation.
Lord Moncreiff, Ordinary
[1895] SLR 33 – 246
Bailii
Scotland
Updated: 15 October 2021; Ref: scu.612977