Eddington v. Eddington

Subject_1 Husband and Wife Subject_2 Divorce for Desertion Subject_3 Married Women's Property Act 1881 (44 and 45 Vict. c. 21), sec. 6. Facts: The provision of section 6 of the Married Women's Property Act 1881, which, in the event of a marriage being dissolved by the death of the wife, confers upon the husband the right to a share of her moveable estate, does not apply in the event of the wife being divorced.

Colonel Smollett Montgomerie Eddington Raised An Action In The High Court of Justice In England Against Mrs Isabella Mary Forman or Robertson, widow of Captain George Andrew Robertson, and sometime wife of the plaintiff.

On 12th November 1894, on application of the plaintiff, Mr Justice Chitty remitted the case for the opinion of the Court of Session upon certain questions of law.

The plaintiff contended that by the law of Scotland the effect of the divorce was that he became entitled to the same benefits in the defendant's moveable estate as if she were dead, i.e. , to one-half of her moveable estate. The defendant disputed this, and contended that in any view he was barred from claiming any part of her moveable estate now, not having claimed any declaration as to his rights in the summons of the action of divorce.

The questions submitted for the opinion of the Court of Session were—“(a) What rights, if any, accrued to the plaintiff upon the decree of divorce being pronounced, in respect of the moveable estate of the defendant existing at that date? (b) Whether he is barred from now claiming the same by the terms of the said decree of divorce?”