Head 9: Destinations

Question 1

Brown’s Trs v Smith (1900) 2 F 817

Answer 1

 legacy providing equal shares to children, with destination over to other surviving children.
 instruction to trustees to obtain heritable property for daughters’ share meant presumption in favour of substitution applied
 thus, substitution meant that surviving children took the share.

Question 2

Crumpton’s JF v Barnardo’s Homes 1917 SC 713

Answer 2

 legacy in favour of nephew, whom failing to a number of charities.
 legacy was of a substantial sum of money—so the presumption was of conditional institution: no claim for charities therefore
 “there is a very strong presumption against the application of that doctrine [substitution] to moveable succession.” LP (Strathclyde)