M'Donald's Trustees v. M'Donald

Subject_1 Process Subject_2 Expenses. Facts: Circumstances in which held that no expenses should be given against any of the parties.

This case of M'Donald's Trustees , reported in the current volume of the Scottish Law Reporter ( ante p. 290 to p. 302), came before the Second Division to pronounce judgment in accordance with the decision arrived at by the majority of the seven Judges before whom it was reheard. On the question of expenses—

Lord Benholme —I do not think that any expenses should be given in this action. In arriving at this decision I am influenced by a consideration of the nature of the questions raised and of the circumstances under which the parties have come into Court.

Lord Neaves —I am of the same opinion, and there are several circumstances which lead me to that result. No one can suppose that in this case Sir John and Lady M'Donald had any desire other than that of doing what they deemed their duty in making this deed of settlement and division, nor can it be supposed that the eldest son, Colonel M'Donald, is actuated by other than a natural and pious desire to carry out the intentions of his parents. On the other hand, these ladies are getting a handsome addition to their fortunes which otherwise they would not have obtained.

Lord Justice-Clerk —Then your Lordships find no expenses due to either party since the date of the Lord Ordinary's interlocutor.