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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hamiltons v. Hamilton's trustees [1889] ScotLR 26_679 (16 July 1889)
URL: http://www.bailii.org/scot/cases/ScotCS/1889/26SLR0679.html
Cite as: [1889] SLR 26_679, [1889] ScotLR 26_679
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SCOTTISH_SLR_Court_of_Session
Page: 679↓
Court of Session Inner House First Division.
v.
Facts:
In an action of reduction of a mortis causa trust settlement and codicil, on the ground of facility and circumvention, the Court granted a warrant ordaining the defenders to allow an inspection of the plant, machinery, and working plans of certain collieries—a large share in which belonged to the trust-estate—the object being to obtain evidence of their value for the purposes of the pursuer's case.
James Hamilton, a large coalmaster in Glasgow, died on 27th August 1888, when he was seventy-five years of age, leaving a trust-disposition and settlement dated 7th April 1874, with two codicils appended dated 7th May 1877 and 18th December 1882. Under these deeds the truster provided for an equal division of the annual proceeds of the undivided residue among his whole children (three sons and three daughters), the issue of a predeceasing child to take their parents' place, and upon the dissolution of the firm of M'Culloch & Company, who owned several collieries, and of which firm the truster was the leading partner, he provided for an equal division of his realised share among his whole children.
By a codicil of 14th June 1888, and a trust-disposition and settlement of 6th July 1888, the truster reduced his daughters' provisions to a mere liferent of a sum of £5000.
The daughters, or their representatives, brought an action of reduction of the last two deeds against the sons, alleging that their father had been induced to sign them by the fraud and circumvention of one of the defenders.
The pursuers stated the value of the truster's estate at the time of his death at £120,000. The defenders stated it at £50,000.
An issue was adjusted, and the cause was set down for trial at the sittings at the close of the summer session.
The pursuers moved the Court for a warrant ordaining the defenders to allow an inspection of the plant, machinery, and working plans of the collieries by two mining engineers, “in order to estimate the value of the said plant, machinery, and collieries.”
The defenders opposed the motion, urging that the pursuers would get all the information to which they were entitled from the balance-sheets of the business (some of which the defenders themselves intended to impugn), the inventory of the deceased's personal estate, and the business books of the firm. All that could be reasonably asked or was required at this stage was a general view of the value of the collieries, so as to compare the estimate made of it by the truster and his sons respectively. An inquiry of the kind asked might be competent if the deeds were reduced, but not at the present stage. In any case the working plans ought not to be put into the hands of other parties.
The Court granted the motion.
Counsel for the Pursuers— Murray. Agents— Carmichael & Miller, W.S.
Counsel for the Defenders— C. S. Dickson. Agents— Webster, Will, & Ritchie, S.S.C.