Chalmers v Machin

Succession – Heir of provision – Bankruptcy – Sequestration – Bankrupt's estate. Sheriff Court: In an action which concerned a deceased's one-half share of property to which his wife succeeded on his death under a survivorship clause in the title, and in which the pursuer, as trustee of the deceased's sequestrated estate, sued the wife for payment of the alleged value, at the date of his death, of the deceased's one-half share of the property, as acquired under the survivorship clause, the court held that the defender was personally liable to the trustee for the deceased's subsisting debts (so far as in existence at the date of death), to the extent of the value of his one-half pro indiviso share to which she succeeded under the special destination, and her averments disputing liability were irrelevant, however, as the precise extent of the deceased's debts at the date of his death remained a contested issue, a proof would be required.