Useful Cases Flashcards
Buchan and others
V
Mitchell and others
Construction of wills
Express terms are important but courts are prepared, where are appropriate to imply terms to make a will effective, but will not go so far as to rewrite the will of a testator
James Keiller
V
Thompson’s Trs
Incorrect description of subject or bequest or beneficiary may not invalidate a bequest
Bequest of sum of money left to William keiller in Dundee, held to be bequest to James keiller in Dundee.
Speaker’s executor
V
Spicker
Construing wills
Bequest of all my private papers and a bureau and it’s contents which was seen to carry £1815 after death was valid even though legatee had also receive specific bequest of £1000.
Re Abbot, Public Trustee
V
St. Dunstans
Construing wills
“Contents” implies item included in larger item must be corporeal
Eg insurance papers? Would this include the paper itself but not the actual policy in terms of contract
Melvin
V
Nicol
Demonstrative legacies, legacies in which the testator indicates source from which legacy is to come
Where fund specified is insufficient as a date of death, the legatee has a claim against residue for the excess
Elliot
V
Lord Stairs Trs
Cumulative + Substitutional
Where legacies are created in more than one deed, they are presumed to be cumulative
Where identical legacies in same deed, substitutional, if earlier £300 then later £400, first one is revoked.
Cranston
V
Brown
Legatum Rei Alienae
Due to error legacy fails
Unless
Could be interpreted as instruction to buy the thing for B if T knew at time made will he didn’t own it
