Davidson v. Davidson [1901] ScotLR 39_106 (14 November 1901)

Davidson v. Davidson [1901] ScotLR 39_106 (14 November 1901)

The legacy in the fourth purpose was a special or specific legacy of the proceeds of the policy of assurance. At the testator's death, there was neither policy nor proceeds to which the fourth purpose could apply, as the policy had been discharged and the proceeds merged in the general estate during his lifetime. Therefore, the bequest was adeemed and the sum formed part of the residuary estate.

Citation
[1901] ScotLR 39_106
Parties
First Parties: Sir David Davidson's Trustees; Second Parties: Surviving sons and widow and children of predeceasing son (Thomas St Clair Davidson, David Albert Davidson, Charles Davidson, William Davidson, widow and children of Henry Chisholm Davidson); Third Parties: Daughters of Sir David Davidson
Jurisdiction
Scotland
Judgment Date
14 November 1901
Procedural Posture
Special Case (succession/trust) / Judgment on Questions of Law
Outcome
Bequest of policy proceeds held to be adeemed; proceeds form part of general residue.
Legal Topics
Ademption of Legacy, Special Legacy, Policy of Insurance, Testamentary Disposition
Succession Trusts and Estates Ademption of Legacy Special Legacy Policy of Insurance Testamentary Disposition

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Parties

Sir David Davidson's Trustees

First Parties

Surviving sons and widow and children of predeceasing son (Thomas St Clair Davidson, David Albert Davidson, Charles Davidson, William Davidson, widow and children of Henry Chisholm Davidson)

Second Parties

Daughters of Sir David Davidson

Third Parties

Procedural Posture

Special Case (succession/trust) / Judgment on Questions of Law

Legal Issues

  1. 1 Whether the sum of £4000, being the proceeds of the policy of assurance, falls to be dealt with in terms of the fourth purpose of the trust-disposition and settlement or forms part of the general residue of the truster's estate

Ratio Decidendi

The legacy in the fourth purpose was a special or specific legacy of the proceeds of the policy of assurance. At the testator's death, there was neither policy nor proceeds to which the fourth purpose could apply, as the policy had been discharged and the proceeds merged in the general estate during his lifetime. Therefore, the bequest was adeemed and the sum formed part of the residuary estate.

Court Disposition

Bequest of policy proceeds held to be adeemed; proceeds form part of general residue.

Orders

  • First question (does the sum fall to be dealt with under the fourth purpose?) answered in the negative.
  • Second question (does it form part of the general residue?) answered in the affirmative.