Scottish Court of Session Decisions

An action was raised by James Hope, W.S., Edinburgh, and others, against the trustees of the deceased John Hope, W.S., concluding for reduction of his trust-disposition and relative codicils, and for declarator that he died intestate.

The truster had left his estate for charitable purposes, and in particular for the promotion of teetotalism and the prevention of the spread of the doctrines of the Church of Rome, and the pursuer averred that he was subject to insane delusions on these topics.

The Lord Ordinary ( Kincairney) and the First Division held that these averments were irrelevant, but the House of Lords, on August 1st 1898, reversed the interlocutor and remitted the case to the Court of Session.

The pursuers contended that the case should be tried before a jury, while the defenders asked for proof.

The Lord Ordinary ( Kincairney) on 28th October found that the inquiry should be by jury trial, and the defenders having reclaimed against this interlocutor, the First Division on 13th December refused the reclaiming-note.

The defenders presented a petition craving for authority to appeal to the House of Lords.

Argued for petitioners—There were special causes here why the case should not go before a jury. The delicacy and difficulty of it rendered it far more appropriate to be tried by a Judge.

Argued for respondents—This was a question for the discretion of the Court, and no cause had been shown for granting the application— Scottish Rights of Way Society v. Macpherson, November 16, 1886, 14 R. 75.