Date of Decision: 20 Jan 1802
Abstract: This case determined whether Janet Hart could claim the legal entitlements available to a widow. Hart cohabited with the decedent, William Crawford, for thirty years and produced children with him. However, the couple declared their marriage just 10 months before Crawford’s death. Under Scots law, this raised the question whether Hart was entitled to the jus relictae—a widow’s right in the movable estate of her deceased spouse.
Subjects: Proof, Marriage

Published Report

William Morison, The Decisions of the Court of Session (1811), 12698

Litigants

Pursuer:
William Cowan, Trustee
David Macwhinnie, Trustee
William Wood, Trustee
Defender:
Janet Hart, Relict

People or Organizations Associated with Case

Named in case documents:
Philip Whiteside, Justice of the Peace
Jane Crawford, Legatee
Helen Crawford, Legatee
Agnes Crawford, Legatee
Margaret Crawford, Legatee
Joanna Crawford, Legatee
William Crawford, Decedent
Peter Crawford, Son of decedent
Janet Gray, Daughter-in-law of decedent
Marjory Crawford, Daughter of decedent
George Reid, Son-in-law of decedent
William Crawford, Grandson of decedent
Lord Ordinary:
Lord Stonefield
Sir William Honyman, Lord Armadale
Clerk:
H. Clk.
Agent:
A. Blane, W.S.
William Inglis, W.S.
Advocate for Pursuer:
Ja. Fergusson
Advocate for Defender:
Henry David Inglis