Macfarlane and Others (Macfarlane's Trustees) v. Macfarlane and Others [1910] ScotLR 266 (21 January 1910)

Macfarlane and Others (Macfarlane's Trustees) v. Macfarlane and Others [1910] ScotLR 266 (21 January 1910)

The legacy was not adeemed because (1) the sale by the curator bonis was not necessary for the ward and thus did not affect the succession, and (2) the alteration of shares from £5 to £1 denomination was a change in form only, not substance, so the specific legacy remained.

Citation
[1910] ScotLR 266
Parties
First Parties (trustees): Duncan Macfarlane and Others (Macfarlane's Trustees); Second Parties (legatees/beneficiaries): Miss Marie Douglas Macfarlane, Mrs Isabella Macfarlane or M'Kellar, Mrs Jessie Reed Macfarlane or M'Kellar; Third Parties (other Legatees): Duncan Macfarlane as an individual and others (other legatees)
Jurisdiction
Scotland
Judgment Date
21 January 1910
Procedural Posture
Special Case (court of Session, Inner House, Second Division) / Judgment on Question of Law (succession/ademption)
Outcome
Legacy not adeemed; question of law answered in the negative.
Legal Topics
Ademption, Specific Legacy, Curator Bonis, Alteration of Share Denomination
Succession Trusts and Estates Ademption Specific Legacy Curator Bonis Alteration of Share Denomination

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Parties

Duncan Macfarlane and Others (Macfarlane's Trustees)

First Parties (trustees)

Miss Marie Douglas Macfarlane, Mrs Isabella Macfarlane or M'Kellar, Mrs Jessie Reed Macfarlane or M'Kellar

Second Parties (legatees/beneficiaries)

Duncan Macfarlane as an individual and others (other legatees)

Third Parties (other Legatees)

Procedural Posture

Special Case (court of Session, Inner House, Second Division) / Judgment on Question of Law (succession/ademption)

Legal Issues

  1. 1 Whether the bequest of 100 £5 shares was adeemed by (1) sale of shares by curator bonis, (2) alteration of shares from £5 to £1 denomination.

Ratio Decidendi

The legacy was not adeemed because (1) the sale by the curator bonis was not necessary for the ward and thus did not affect the succession, and (2) the alteration of shares from £5 to £1 denomination was a change in form only, not substance, so the specific legacy remained.

Court Disposition

Legacy not adeemed; question of law answered in the negative.

Orders

  • Second parties (legatees) entitled to receive the value of the shares sold by the curator as surrogatum for their specific bequest.