Cochrane's Trustees v. Cochrane [1914] ScotLR 382 (03 March 1914)

Cochrane's Trustees v. Cochrane [1914] ScotLR 382 (03 March 1914)

The testatrix intended a series of separate bequests to individually named legatees in specified proportions, not a joint bequest; therefore, the shares of those who predeceased the period of division without leaving issue did not accresce to the survivors but fell into intestacy.

Citation
[1914] ScotLR 382
Parties
First Parties: Archibald Cochrane, Abbotshill, Galashiels, and others, the testamentary trustees of the late Mrs Janet Lees or Cochrane; Second Parties: Archibald Cochrane and others; Third Parties: John Chapman, solicitor, Galashiels, and others, the testamentary trustees of the late Adam Lees Cochrane, Kingsknowes, Galashiels, and others
Jurisdiction
Scotland
Judgment Date
03 March 1914
Procedural Posture
Special Case (succession) / Inner House, First Division, Court of Session, Before Seven Judges
Outcome
Majority judgment for the third parties; shares of predeceasing legatees without issue fell into intestacy.
Legal Topics
Accretion, Joint or Separate Bequest, Intestacy, Vesting of Legacies
Succession Law Accretion Joint or Separate Bequest Intestacy Vesting of Legacies

Case Brief

Summary, issues, holding and outcome

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Parties

Archibald Cochrane, Abbotshill, Galashiels, and others, the testamentary trustees of the late Mrs Janet Lees or Cochrane

First Parties

Archibald Cochrane and others

Second Parties

John Chapman, solicitor, Galashiels, and others, the testamentary trustees of the late Adam Lees Cochrane, Kingsknowes, Galashiels, and others

Third Parties

Procedural Posture

Special Case (succession) / Inner House, First Division, Court of Session, Before Seven Judges

Legal Issues

  1. 1 Whether the bequest in the testatrix's will constituted a joint bequest or a series of separate bequests
  2. 2 Whether shares of predeceasing legatees without issue accresced to survivors or fell into intestacy

Ratio Decidendi

The testatrix intended a series of separate bequests to individually named legatees in specified proportions, not a joint bequest; therefore, the shares of those who predeceased the period of division without leaving issue did not accresce to the survivors but fell into intestacy.

Court Disposition

Majority judgment for the third parties; shares of predeceasing legatees without issue fell into intestacy.

Orders

  • First question (whether the whole one-third fell to be divided among the second parties) answered in the negative.
  • Second question (whether part fell to intestacy) answered in the affirmative.