Inglis' Trustees v. Inglis and Others

Subject_1 Error Subject_2 Election Subject_3 Legitim. Facts: Under the trust-disposition and settlement of a person who died on 10th January 1884, survived by a son and daughter, the latter was entitled to a liferent provision of £3458 per annum, and a capital sum of £20,000. The whole moveable estate of the deceased amounted to £152,779. Both son and daughter were trustees.

Opinion ( per Lord Shand) that the daughter would not have been bound by her election even if the error had been in law.

was raised as to whether Mrs Breen would accept the provisions in her father's settlement or claim legitim, and information was furnished to her by the trustees as to the estate of the deceased to enable her to make her election.

Mrs Breen pleaded that the letter of 28th January 1885 was written under essential error, and was timeously withdrawn, and that it was not authorised by her husband as her curator.

John Inglis, junior, averred that Mrs Breen had elected to take her legal rights, and was barred from claiming the provisions contained in the settlement. He claimed, upon the footing that Mrs Breen had elected to take her legal rights, the whole fund in medio under deduction of the amount of her legitim, as the same might be ascertained—or alternatively, the provisions in his favour contained in the settlement.