Woodard's Judicial Factor v. Woodard [1919] ScotLR 214 (25 January 1919)

Woodard's Judicial Factor v. Woodard [1919] ScotLR 214 (25 January 1919)

The will did not manifest a clear intention to include the heritable estate (the house) in the term 'remainder.' The context and language of the will indicated the testator was dealing only with moveable property, specifically cash and investments, not the family home. Therefore, the house did not pass under the will and devolved to the heir.

Citation
[1919] ScotLR 214
Parties
First Party (applicant): Robert Cockburn Millar, C. A., judicial factor on the estate of the deceased Charles John Woodard; Second Party (respondent): Frank Robert Woodard, only child of Charles John Woodard
Jurisdiction
Scotland
Judgment Date
25 January 1919
Procedural Posture
Special Case (succession/construction of Will) / Court of Session Inner House, First Division Judgment
Outcome
The first question (whether the will carried the house) answered in the negative; the second question (whether the house devolved to the heir) answered in the affirmative.
Legal Topics
Construction of Wills, Heritable Vs Moveable Estate, Titles to Land Consolidation (scotland) Act 1868, Sec. 20
Succession Testamentary Law Property Law Construction of Wills Heritable Vs Moveable Estate Titles to Land Consolidation (scotland) Act 1868, Sec. 20

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Robert Cockburn Millar, C. A., judicial factor on the estate of the deceased Charles John Woodard

First Party (applicant)

Frank Robert Woodard, only child of Charles John Woodard

Second Party (respondent)

Procedural Posture

Special Case (succession/construction of Will) / Court of Session Inner House, First Division Judgment

Legal Issues

  1. 1 Whether the testator's will carried his heritable estate (the house) or only moveable estate
  2. 2 Whether the judicial factor was entitled to hold the house for the purposes of the will or it devolved to the heir

Ratio Decidendi

The will did not manifest a clear intention to include the heritable estate (the house) in the term 'remainder.' The context and language of the will indicated the testator was dealing only with moveable property, specifically cash and investments, not the family home. Therefore, the house did not pass under the will and devolved to the heir.

Court Disposition

The first question (whether the will carried the house) answered in the negative; the second question (whether the house devolved to the heir) answered in the affirmative.

Orders

  • The house at 89 Willowbrae Avenue, Edinburgh, did not pass under the will and devolved to Frank Robert Woodard as heir.