Steedman's Trustees v. Steedman and others [1916] ScotLR 654 (01 July 1916)

Steedman's Trustees v. Steedman and others [1916] ScotLR 654 (01 July 1916)

The Court held that the expression 'nearest heirs and next-of-kin whomsoever in accordance with law' must be construed distributively and in its technical legal sense, limiting entitlement to the residue to those who are next-of-kin at common law (i.e., the testator's surviving siblings), to the exclusion of the issue of predeceasing siblings and the fifth party. The codicil was effective to exclude the fifth party.

Citation
[1916] ScotLR 654
Parties
First Parties (trustees): Thomas Baird Maxwell and others (Trustees of Laurence Steedman); Second Parties (brother and Sisters of Testator): Thomas Steedman (individual and executor-dative of Elizabeth Steedman) and Helen Elspit Steedman; Third Parties: William Steedman and others (children of predeceased brother and sister); Fourth Parties: Mary Steedman Aytoun Young and others (children of Isabella Hislop or Young); Fifth Party (surviving Nephew): James Steedman Hislop
Jurisdiction
Scotland
Judgment Date
01 July 1916
Procedural Posture
Special Case (construction of Will) / Court of Session Inner House, First Division, Final Judgment
Outcome
Next-of-kin (second parties) entitled to residue to exclusion of heirs in mobilibus and issue of predeceasing siblings; codicil effective to exclude fifth party.
Legal Topics
Construction of Will, Interpretation of 'next of Kin', Intestate Succession, Exclusion by Codicil
Succession Trusts and Estates Construction of Will Interpretation of 'next of Kin' Intestate Succession Exclusion by Codicil

Case Brief

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Parties

Thomas Baird Maxwell and others (Trustees of Laurence Steedman)

First Parties (trustees)

Thomas Steedman (individual and executor-dative of Elizabeth Steedman) and Helen Elspit Steedman

Second Parties (brother and Sisters of Testator)

William Steedman and others (children of predeceased brother and sister)

Third Parties

Mary Steedman Aytoun Young and others (children of Isabella Hislop or Young)

Fourth Parties

James Steedman Hislop

Fifth Party (surviving Nephew)

Procedural Posture

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

Legal Issues

  1. 1 Whether the expression 'nearest heirs and next-of-kin whomsoever in accordance with law' in the will entitles only the testator's siblings (second parties) to the residue, or includes issue of predeceasing siblings (third and fourth parties) and the fifth party;
  2. 2 Whether the codicil excluding the fifth party was effective;

Ratio Decidendi

The Court held that the expression 'nearest heirs and next-of-kin whomsoever in accordance with law' must be construed distributively and in its technical legal sense, limiting entitlement to the residue to those who are next-of-kin at common law (i.e., the testator's surviving siblings), to the exclusion of the issue of predeceasing siblings and the fifth party. The codicil was effective to exclude the fifth party.

Court Disposition

Next-of-kin (second parties) entitled to residue to exclusion of heirs in mobilibus and issue of predeceasing siblings; codicil effective to exclude fifth party.

Orders

  • First, second, and first branch of third legal questions answered in the affirmative; second and third branches of third question in the negative; fourth and fifth questions superseded.