Scottish Court of Session Decisions

Mrs Caroline Jane Rodhouse or Reid, 22 Nile Grove, Edinburgh, presented this petition for the appointment of a curator bonis to her husband George Reid. She averred—“The said George Reid, who was sometime a land-agent, and resided at Einhallow, Addiscombe, Croydon, London, has for some time past had his only residence and domicile in Edinburgh, and latterly resided at No. 5 West Maitland Street there. He was on the 31st day of December last 1886 committed to the Royal Asylum, Morningside, Edinburgh, under warrant granted by the Sheriff of the Lothians and Peebles, and he still remains there.”

She further averred that in consequence of mental derangement Mr Reid was incapable of managing or of giving directions for the management of his affairs, and produced medical certificates to that effect. The amount of the said George Reid's estate was not definitely known to the petitioner, but she averred that he possessed personal estate of considerable value in addition to landed property in England, and that his whole estate amounted to several thousands of pounds. There were five children of the marriage, the eldest of whom was fourteen years of age, and in these circumstances the petitioner craved the appointment of a curator bonis to her husband.

Answers were lodged for Mr Reid, and also for Charles Frederic Cameron, London, his attorney, Mrs Eleanor Reid or Richardson, his sister, and for Miss Lena Reid and Miss Mary Reid, his daughters.

The respondents admitted that Mr Reid was a native of Scotland, but averred that for many years be had been in business in London; that almost the whole of his estate consisted of real property and building ground acquired by him at various times in the immediate neighbourhood of London; that shortly after coming to Edinburgh, which he did in order to see his children who were at school there, about seven months before the petition was presented, Mr Reid executed a power of attorney in favour of the respondent Charles Frederic Cameron, solicitor, of Gresham House, City, London, for the management of his property in England in the districts above referred to; that Mr Reid's real estate consisted of sixteen freehold houses with rents varying from £25 to £65 a-year, and of six leasehold houses, one of which was leased at £145 a-year, and the rest worth about £25 to £30 a-year, together with sundry pieces of building land in Woolwich and elsewhere in the neighbourhood of London; that his personal property consisted of a few shares in English and foreign companies of purely nominal value, and of cash in bank; that the freehold and leasehold property was heavily mortgaged, and it was of such a nature that though there was a considerable surplus rent available for the maintenance of Mr Reid and his family, great care and attention was required to keep the subjects fully let and in good repair, and as the selling value did not in any way correspond with the rental, any hostile action by the mortgagees by way of foreclosure would lead to results most disastrous to the estate. Further, that Mr Reid had in England certain disputed claims both by and against him, involving from £1200 to £1500, which would require much skill and care for their settlement; and that he had no property whatever in Scotland other than money either in cash or in uncashed bank drafts left in care of a friend. “In these circumstances application is in course of being made in England for the appointment of a Committee in Lunacy of Mr Reid's estate, and the appointment of a curator bonis in Scotland even if competent would greatly embarrass its proper management, and would be inexpedient and inconvenient.”

The following authorities were quoted for the petitioner— Dalrymple v. Ranken, January 25, 1836, 14 S. 1011; E. of Buchan v. Harvey, December 21, 1839, 2 D. 275; Murray v. Baillie, February 24, 1849, 11 D. 710; Bonar, November 12, 1851, 14 D. 10; Hay and Others, July 16, 1861, 23 D. 1291; Sawyer v. Sloan, December 17, 1875, 3 R. 271. Inquiry was competent in petition for curator although opposed by lunatic— Bryce v. Graham, January 25, 1858, 6 S. 425; Macfarlane, November 12, 1847, 10 D. 38; Irving v. Swan, November 7, 1868, 7 Macpb. 86; Yule, November 29, 1861, 19 S.L.R. 140. In regard to English lunacy proceedings—Elmer on Lunacy Practice, pp. 5, 11, 17, 20; Lunacy Regulation Acts of 1853 and 1862, 16 and 17 Vict. c. 70, sec. 45, and 25 and 26 Vict. c. 86. A Scotch appointment of curator bonis can be recorded in England and have the effect of an inquisition there— in re Talbot, 1882, 20 Chan. Div. 272, per Jessel, M.R.; in re Bruere, 17 Chan. Div. 775.

The Lord Ordinary appointed a curator bonis ad interim.

“ Opinion.—If Mr Reid had heritable estate in

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Scotland or had his domicile there I would have no difficulty in making the appointment craved. But he has no heritable property in Scotland, and whether his domicile is in England or Scotland will depend upon circumstances requiring investigation. Mr Reid has, however, some moveable estate in Scotland, and is confessedly unfit to manage his own affairs. His incapacity, if it did not commence in Scotland, at least developed itself there to such an extent as to require him to be placed in confinement. His affairs require in the interests of all concerned to be attended to, and he has no guardian or anyone with an unquestioned title to do so. In these circumstances it appears to me that the Court, within whose jurisdiction the necessity has arisen for the appointment of such a guardian, should make such an appointment, and I will accordingly do so. But the statement in the answers certainly indicates that the appointment might best be made where the bulk of the ward's estate is situated. I therefore make the present appointment in the first instance only ad interim, so that the respondents may not be embarrassed by the appointment I make in any proceedings they may be advised to take in England.”