Masson v. Smellie [1903] ScotLR 41_104 (27 November 1903)

Masson v. Smellie [1903] ScotLR 41_104 (27 November 1903)

The sum of £1200 placed on deposit-receipt by the executors of the testatrix's brother, without her knowledge or instructions, was not 'money in banks' within the meaning of the testatrix's will. The bequest to Miss Smellie was a special legacy, not a residuary one, and did not carry this sum. The sum therefore fell into intestacy and passed to the next-of-kin.

Citation
[1903] ScotLR 41_104
Parties
Claimant/respondent: Miss Margaret Smellie; Claimants/reclaimers (heirs in Mobilibus): Rev. Alexander Masson and others
Jurisdiction
Scotland
Judgment Date
27 November 1903
Procedural Posture
Multiplepoinding (succession/distribution of Estate) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; claim of next-of-kin sustained.
Legal Topics
Construction of Wills, Specific Legacy Vs. Residue, Intestacy, Bequest of Money in Bank
Succession Wills and Probate Construction of Wills Specific Legacy Vs. Residue Intestacy Bequest of Money in Bank

Case Brief

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Parties

Miss Margaret Smellie

Claimant/respondent

Rev. Alexander Masson and others

Claimants/reclaimers (heirs in Mobilibus)

Procedural Posture

Multiplepoinding (succession/distribution of Estate) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether a sum placed on deposit-receipt in a bank by executors, without the testatrix's knowledge, is included in the bequest of 'any money in banks' in the testatrix's will.
  2. 2 Whether the bequest to Miss Smellie was a residuary or special legacy.

Ratio Decidendi

The sum of £1200 placed on deposit-receipt by the executors of the testatrix's brother, without her knowledge or instructions, was not 'money in banks' within the meaning of the testatrix's will. The bequest to Miss Smellie was a special legacy, not a residuary one, and did not carry this sum. The sum therefore fell into intestacy and passed to the next-of-kin.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; claim of next-of-kin sustained.

Orders

  • The interlocutor of the Lord Ordinary ranking and preferring Miss Smellie to the £1200 is recalled.
  • The claim of the Rev. Alexander Masson and others (heirs in mobilibus) to the £1200 is sustained.