Crowe v. Cook (Hall Maxwell's Executor) [1908] ScotLR 904 (17 July 1908)

Crowe v. Cook (Hall Maxwell's Executor) [1908] ScotLR 904 (17 July 1908)

The testamentary writing, though informal and ungrammatical, when read as a whole, evidenced an intention by the testatrix to dispose of her entire estate, both heritable and moveable, by the use of the phrases 'everything else to be sold' and 'I leave the remainder.' These words, in context, were sufficient to carry the heritable estate under section 20 of the Titles to Land (Scotland) Act 1868.

Citation
[1908] ScotLR 904
Parties
Pursuer (respondent): James F. Crowe; Defender (reclaimer): James Cook (Hall Maxwell's Executor)
Jurisdiction
Scotland
Judgment Date
17 July 1908
Procedural Posture
Succession Dispute (declarator) / Appeal (reclaiming Motion) in the Inner House, First Division
Outcome
Appeal allowed; Lord Ordinary's interlocutor recalled; defender assoilzied (absolved).
Legal Topics
Construction of Wills, Bequest of Heritage, Testamentary Intention, Titles to Land (scotland) Act 1868, Section 20
Succession Law Wills and Estates Construction of Wills Bequest of Heritage Testamentary Intention Titles to Land (scotland) Act 1868, Section 20

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Parties

James F. Crowe

Pursuer (respondent)

James Cook (Hall Maxwell's Executor)

Defender (reclaimer)

Procedural Posture

Succession Dispute (declarator) / Appeal (reclaiming Motion) in the Inner House, First Division

Legal Issues

  1. 1 Whether the testamentary writing of Mrs Hall Maxwell carried heritable estate as well as moveable estate
  2. 2 Whether the words used in the will were sufficient to dispose of the heritable estate under section 20 of the Titles to Land (Scotland) Act 1868

Ratio Decidendi

The testamentary writing, though informal and ungrammatical, when read as a whole, evidenced an intention by the testatrix to dispose of her entire estate, both heritable and moveable, by the use of the phrases 'everything else to be sold' and 'I leave the remainder.' These words, in context, were sufficient to carry the heritable estate under section 20 of the Titles to Land (Scotland) Act 1868.

Court Disposition

Appeal allowed; Lord Ordinary's interlocutor recalled; defender assoilzied (absolved).

Orders

  • The Lord Ordinary's decree as craved is recalled.
  • The defender is assoilzied (absolved) from the conclusions of the summons.