Useful Cases Flashcards

1
Q

Buchan and others
V
Mitchell and others

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

James Keiller
V
Thompson’s Trs

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Speaker’s executor
V
Spicker

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Re Abbot, Public Trustee
V
St. Dunstans

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Melvin
V
Nicol

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Elliot
V
Lord Stairs Trs

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Cranston
V
Brown

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly