Pollok (Taylor's Trustee) v. Robinson and Others [1910] ScotLR 270 (23 December 1910)

Pollok (Taylor's Trustee) v. Robinson and Others [1910] ScotLR 270 (23 December 1910)

The will and codicil must be construed as one document. The revocation of a legacy by codicil removes the legatee from the class of 'beneficiaries already named' for the purpose of residue. Legatees added by codicil are included as beneficiaries entitled to share in the residue. The trustee is not bound to set aside any portion of the residue for necessitous relatives not named in the testamentary writings, as no such relatives exist in necessitous circumstances.

Citation
[1910] ScotLR 270
Parties
First Party (trustee): James Cullen Pollok (Taylor's Trustee); Second Parties (beneficiaries Under Trust Disposition and Settlement): Charles Albert Robinson, Helena Robinson, Mrs Agnes Cullen or Pollok, Miss Emilia Connor, Mrs Margaret Wright, Charles Dorward, William Dorward, Minister of the Tron United Free Church, Glasgow; Third Party (revoked Legatee): William Mackay Sutherland; Fourth Parties (legatees Under Codicil): Miss Janet Grant, Ernest Taylor
Jurisdiction
Scotland
Judgment Date
23 December 1910
Procedural Posture
Special Case (construction of Will and Codicil) / Judgment of Inner House, Second Division
Outcome
Questions of law answered: (a) third party not entitled to share in residue; (b) fourth parties entitled to share in residue; (2) trustee not bound to set aside residue for necessitous relatives.
Legal Topics
Construction of Will and Codicil, Trustee's Discretionary Powers, Entitlement to Residue, Revocation and Addition of Legatees
Succession Trusts and Estates Construction of Will and Codicil Trustee's Discretionary Powers Entitlement to Residue Revocation and Addition of Legatees

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Parties

James Cullen Pollok (Taylor's Trustee)

First Party (trustee)

Charles Albert Robinson, Helena Robinson, Mrs Agnes Cullen or Pollok, Miss Emilia Connor, Mrs Margaret Wright, Charles Dorward, William Dorward, Minister of the Tron United Free Church, Glasgow

Second Parties (beneficiaries Under Trust Disposition and Settlement)

William Mackay Sutherland

Third Party (revoked Legatee)

Miss Janet Grant, Ernest Taylor

Fourth Parties (legatees Under Codicil)

Procedural Posture

Special Case (construction of Will and Codicil) / Judgment of Inner House, Second Division

Legal Issues

  1. 1 Whether a legatee whose legacy was revoked by codicil is entitled to share in residue as a 'beneficiary already named'
  2. 2 Whether legatees added by codicil are entitled to share in residue
  3. 3 Whether trustee is bound to set aside residue for necessitous relatives not named in testamentary writings

Ratio Decidendi

The will and codicil must be construed as one document. The revocation of a legacy by codicil removes the legatee from the class of 'beneficiaries already named' for the purpose of residue. Legatees added by codicil are included as beneficiaries entitled to share in the residue. The trustee is not bound to set aside any portion of the residue for necessitous relatives not named in the testamentary writings, as no such relatives exist in necessitous circumstances.

Court Disposition

Questions of law answered: (a) third party not entitled to share in residue; (b) fourth parties entitled to share in residue; (2) trustee not bound to set aside residue for necessitous relatives.

Orders

  • Third party (revoked legatee) not entitled to share in residue.
  • Fourth parties (legatees under codicil) entitled to share in residue.