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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Elizabeth and Mary Bruce v James Bruce of Kinnaird. [1788] Hailes 1050 (1 July 1788) URL: http://www.bailii.org/scot/cases/ScotCS/1788/Hailes021050-0714.html Cite as: [1788] Hailes 1050 |
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[1788] Hailes 1050
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 FOREIGN.
Subject_3 Succession in moveable effects found to be regulated by the lex domicilii; the succession of effects at sea, by the law of the country whither they were destined by the proprietor.
Date: Elizabeth and Mary Bruce
v.
James Bruce of Kinnaird
1 July 1788 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. X. 41; Dict. 4617.]
Justice-Clerk. This case has been determined over and over again, according to the interlocutor of Lord Monboddo.
Hailes. A difficulty is started on account of the funds having been invested in bills, and those bills being at sea when Mr Bruce died; but the truth is, that an English company, residing in Leadenhall Street, London, were the creditors in the bills, and the money for which the bills were granted, lay in their out compting-house at Calcutta, for it is but a compting-house, although a pretty large one. No man, who is in a foreign country, can prevent his dying there, but every man in a foreign country can prevent his dying intestate there. If he make no will, and, of consequence, if his succession go contrary to his probable intentions, he himself is to blame the law cannot supply what he has omitted.
Eskgrove. Can a man be said to have a domicile in Scotland because he was in meditation of coming to Scotland?
On the 1st July 1788, “The Lords found that the English law must be the rule for determining the succession of Major Bruce; and consequently, that James Bruce of Kinnaird is entitled to succeed with the defenders, his brothers and sisters consanguinean” adhering to the interlocutor of Lord Monboddo, and refusing a petition without answers.
For the petitioners, Henry Erskine.
The electronic version of the text was provided by the Scottish Council of Law Reporting
