Date of Decision: 15 Jan 1800
Abstract: Shortly after marrying Pursuer Jean Colville, David Lauder left Scotland under indenture to work on the island of St. Vincent. He subsequently traveled to New York and then to Canada, where he was drowned while bathing in the Saint Lawrence River. Before his death, David sent a bill for L. 200 to his father, Defender William Lauder, with instructions to secure the money in case of David’s return to Scotland. David wrote that if he was not heard from again, “the money is either at [William’s] or my dear mother’s disposal.” William Lauder kept the money after David’s death, and Jean Colville brought suit to secure a share of it. The legal dispute turned on a choice of law issue: whether the Pursuer’s claim was governed by the law of Scotland or the law of England, which regulated British territories. Under Scots law, Jean Colville would be entitled to half of David Lauder’s moveable estate as her jus relictae—a widow’s right in the movable estate of her deceased spouse. Under English law, a valid will could exclude the widow from any share of the movable estate. The parties agreed that succession was governed by the law of the decedent’s domicile but disputed where David Lauder was domiciled at the time of his death. The pursuer argued that David was domiciled in Scotland, where he intended to return, while the defender argued that David had established a domicile abroad.
Subjects: Succession, Conflict of Laws

Published Report

William Morison, The Decisions of the Court of Session (1811), 1

Litigants

Pursuer:
Jean Colville
Defender:
William Lauder

People or Organizations Associated with Case

Named in case documents:
David Lauder, Late husband of Pursuer and son of Defender
John Colville, Father of Pursuer
James Watson
John Scott
James Colville, Brother of Pursuer
James Ormiston
Mr. Smeiton
Agent:
William Inglis, W.S.
J. Somerville Jr.
Clerk:
M. Clk.
Advocate for Pursuer:
Henry David Inglis
Advocate for Defender:
Charles Brown
Lord Ordinary:
Claud Irvine Boswell, Lord Balmuto