Ritchie v Ritchie's Trustees
| Jurisdiction | Scotland |
| Judgment Date | 05 June 1874 |
| Date | 05 June 1874 |
| Docket Number | No. 148. |
| Court | Court of Session |
Lord Mure.M., Lord President, Lord Deas, Lord Ardmillan, Lord Jerviswoode.
Husband and Wife—Divorce, effect of—Trust-deed inter vivos.—
A husband executed a trust-deed inter vivos, in which he provided an annuity for his wife, should she survive him. Six weeks after he raised an action of divorce against her, and subsequently obtained decree of divorce. Held that the wife's right to the annuity was extinguished by the decree of divorce.
Vide supra, p. 826.
Mr Ritchie of Hill of Ruthven married Christina Mary Carmichael in November 1852. They lived together as man and wife till about the year 1867, when a separation took place in consequence of Mrs Ritchie's bad habits.
In November 1870 Mrs Ritchie raised an action of adherence and aliment against her husband, but while the action was still pending an agreement was come to between the parties, under which Mr Ritchie became bound to pay his wife aliment at the rate of £200 a-year. This agreement was judicially ratified by an interlocutor of Lord Gifford.
On 6th October 1871 Mr Ritchie executed a trust-deed inter vivos, by which he conveyed his whole heritable and part of his moveable estate to Sir David Ross and others as trustees. This deed was recorded on 24th October 1871. Thereafter, on 26th October of the same year, Mr Ritchie executed a testament, in which he disposed of the remainder of his moveable estate.
The trust-deed of 6th October contained, inter alia, the following provisions:—‘Thirdly, in respect that I have agreed to pay, and will myself continue to pay during my life to Mrs Christian Mary Carmichael or Ritchie, my wife, so long as we live separately as at present, the sum of £200 sterling yearly, in equal portions, in advance, on 1st January and 1st July of each year, and I wish the same, to the extent aftermentioned, to be continued to her after my death, so long as she survives me, I direct and appoint my said trustees, after my death, from the dividends of the stocks hereinafter assigned and conveyed to them, to pay to the said Mrs Christian Mary Carmichael or Ritchie an annuity of £150 sterling, and that half-yearly, on 1st January and 1st July, in advance, beginning the 1st day of January or 1st day of July after my death for the half year succeeding, and so forth half-yearly and continually during all the days of the life of the said Christian Mary Carmichael or Ritchie, with the interest.….Which annuity in favour of my said wife shall be in lieu of all terce of lands, legal share of moveables, and everything that she jure relictœ or otherwise could ask, claim, or crave of me, my heirs, executors, or representatives through my death, in case she shall survive me: And which annuity I consider to be an ample aliment for her in her position and habits of life, and that a larger income would not be for her advantage, and which provision in favour of my said wife is hereby declared to be purely alimentary, and not to be assignable by her or attachable by her creditors.’
On 22d November 1871 Mr Ritchie raised an action of divorce against his wife on the ground of adultery, and on 28th February 1872 Lord Ormidale pronounced decree of divorce in his favour. Mrs Ritchie reclaimed against this interlocutor, but before the reclaiming note was called for hearing in the Inner-House Mr Ritchie died. His trustees were sisted as respondents in the reclaiming note on 11th March 1874,1 and on 27th May of that year the First Division adhered to the Lord Ordinary's interlocutor.
Mrs Ritchie, on 23d January 1873, raised an action of declarator and payment against Mr Ritchie's trustees, in which she sought to have it declared that they were bound to pay her £30 sterling for mourning, and also the annuity of £150 provided...
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