Craw's Trustees v. Baird and Others [1919] ScotLR 20 (24 October 1919)

Craw's Trustees v. Baird and Others [1919] ScotLR 20 (24 October 1919)

The words 'residue of my property' in the testatrix's will are sufficient to include heritable property (the house), given the context, the insufficiency of moveable estate to satisfy legacies, and the clear intention to dispose of her entire estate. The will is habile to convey heritage to the residuary legatee.

Citation
[1919] ScotLR 20
Parties
First Parties: Peter Jolly Purves and others, trustees and executors of Mrs Jane Blacklock or Craw; Second Parties: Miss Mary Baird and others, legatees; Third Party: Miss Annie Comrie, residuary legatee; Fourth Party: Donald Blacklock, heir-at-law
Jurisdiction
Scotland
Judgment Date
24 October 1919
Procedural Posture
Special Case / Judgment
Outcome
First question answered in the affirmative; second question answered in the negative.
Legal Topics
Construction of Testamentary Writings, Meaning of 'residue' and 'property' in Wills, Inclusion of Heritage in Residue, Intention of Testator
Succession Testamentary Law Construction of Testamentary Writings Meaning of 'residue' and 'property' in Wills Inclusion of Heritage in Residue Intention of Testator

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Parties

Peter Jolly Purves and others, trustees and executors of Mrs Jane Blacklock or Craw

First Parties

Miss Mary Baird and others, legatees

Second Parties

Miss Annie Comrie, residuary legatee

Third Party

Donald Blacklock, heir-at-law

Fourth Party

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether the terms of the testatrix's will are sufficient to convey heritable property (heritage) to the residuary legatee
  2. 2 Whether the heir-at-law is entitled to the heritable estate if the will does not convey it

Ratio Decidendi

The words 'residue of my property' in the testatrix's will are sufficient to include heritable property (the house), given the context, the insufficiency of moveable estate to satisfy legacies, and the clear intention to dispose of her entire estate. The will is habile to convey heritage to the residuary legatee.

Court Disposition

First question answered in the affirmative; second question answered in the negative.

Orders

  • The will is habile to convey the house at 25 Grange Road, Edinburgh, to the residuary legatee, Miss Annie Comrie, subject to payment of pecuniary legacies.