Crawford's Trustees v. Crawford and Others [1910] ScotLR 755 (08 July 1910)

Crawford's Trustees v. Crawford and Others [1910] ScotLR 755 (08 July 1910)

The court held that, in the absence of a clear expression of general intention in the will itself, the omission in the bequest to Janet Crawford or Fleck and her children could not be supplied by implication. The clause was unambiguous as written, and the court is not entitled to rewrite the will based on conjecture or to achieve uniformity among bequests.

Citation
[1910] ScotLR 755
Parties
First Parties: John Anderson and another (Crawford's Trustees); Second Parties: Alexander Crawford and others (children or those in right of children of the deceased William Crawford, Daniel Crawford, and Elizabeth Crawford or Fraser); Third Parties: Mrs Elizabeth Aitkin or Morris and James Morris; Fourth Party: Maggie Watson Fleck; Fifth Party: James Fleck junior; Sixth Parties: Elizabeth Fleck and Mary Annie Fleck
Jurisdiction
Scotland
Judgment Date
08 July 1910
Procedural Posture
Special Case (succession/trusts) / Inner House, First Division, Court of Session (judgment)
Outcome
First question of law answered in the affirmative; other questions unnecessary to answer.
Legal Topics
Construction of Wills, Supplying Omission by Implication, Trust Disposition and Settlement
Succession Trusts and Estates Construction of Wills Supplying Omission by Implication Trust Disposition and Settlement

Case Brief

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Parties

John Anderson and another (Crawford's Trustees)

First Parties

Alexander Crawford and others (children or those in right of children of the deceased William Crawford, Daniel Crawford, and Elizabeth Crawford or Fraser)

Second Parties

Mrs Elizabeth Aitkin or Morris and James Morris

Third Parties

Maggie Watson Fleck

Fourth Party

James Fleck junior

Fifth Party

Elizabeth Fleck and Mary Annie Fleck

Sixth Parties

Procedural Posture

Special Case (succession/trusts) / Inner House, First Division, Court of Session (judgment)

Legal Issues

  1. 1 Whether the court can supply by implication a destination with regard to the fee of a legacy in favour of Mrs Crawford or Fleck and her children, which was present in otherwise similar legacies but omitted in this case.

Ratio Decidendi

The court held that, in the absence of a clear expression of general intention in the will itself, the omission in the bequest to Janet Crawford or Fleck and her children could not be supplied by implication. The clause was unambiguous as written, and the court is not entitled to rewrite the will based on conjecture or to achieve uniformity among bequests.

Court Disposition

First question of law answered in the affirmative; other questions unnecessary to answer.

Orders

  • Second parties are entitled to payment of the fee of the two sums of £1000 under the third sub-head of the fourth purpose of each trust-disposition and settlement.