Ritchie's Trustees v. M'Donald and Others [1915] ScotLR 373 (20 February 1915)

Ritchie's Trustees v. M'Donald and Others [1915] ScotLR 373 (20 February 1915)

The testamentary writings constituted a joint bequest, not two separate bequests. The survivor of the two cousins is entitled to the whole free income of the residue during her life. The direction to trustees to pay over the residuary sum on the death of the last survivor confirms the intention to provide for the life interest while either remained alive.

Citation
[1915] ScotLR 373
Parties
First Parties: George Inglis, S. S. C., Edinburgh, and others, testamentary trustees of the late James Ritchie; Second Party: Catherine Clephan Minto M'Donald; Third Party: Isabella Ritchie; Fourth Parties: University Court of the University of Edinburgh
Jurisdiction
Scotland
Judgment Date
20 February 1915
Procedural Posture
Special Case / Judgment
Outcome
First question of law answered in the affirmative; remaining questions found unnecessary to answer.
Legal Topics
Construction of Testament, Joint or Separate Bequest, Accretion
Succession Testamentary Law Construction of Testament Joint or Separate Bequest Accretion

Case Brief

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Parties

George Inglis, S. S. C., Edinburgh, and others, testamentary trustees of the late James Ritchie

First Parties

Catherine Clephan Minto M'Donald

Second Party

Isabella Ritchie

Third Party

University Court of the University of Edinburgh

Fourth Parties

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether the bequest of liferent was a joint bequest or separate bequests
  2. 2 Whether the survivor is entitled to the whole free income of the residue during her life
  3. 3 Disposition of the share of income set free by the death of one beneficiary

Ratio Decidendi

The testamentary writings constituted a joint bequest, not two separate bequests. The survivor of the two cousins is entitled to the whole free income of the residue during her life. The direction to trustees to pay over the residuary sum on the death of the last survivor confirms the intention to provide for the life interest while either remained alive.

Court Disposition

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

Orders

  • Miss Catherine Clephan Minto M'Donald, as survivor, is entitled to the whole free income of the residue during her life.