Grbig's Trustees v. Simpson and Others [1918] ScotLR 284 (22 February 1918)

Grbig's Trustees v. Simpson and Others [1918] ScotLR 284 (22 February 1918)

The conditio si institutus sine liberis decesserit applies to the bequest to the children of Mrs Murdoch, so that the children of her daughter who predeceased the testator take their mother's share. There is nothing in the settlement to displace the ordinary meaning of 'family,' which is confined to children only; thus, the grandchildren of the testator's brother do not take in their mother's place under the bequest to the brother's family.

Citation
[1918] ScotLR 284
Parties
First Parties: Nathaniel Watt and others, testamentary trustees of William Greig; Second Parties: Walter Simpson (as tutor-at-law of his pupil children by Mrs Simpson, daughter of Mrs Murdoch) and William Murray and others (children of Mrs Helen Greig or Murray, daughter of James Greig); Third Parties: James Murdoch and others (other children of Mrs Murdoch) and James Greig and another (sons of James Greig)
Jurisdiction
Scotland
Judgment Date
22 February 1918
Procedural Posture
Special Case (construction of Will) / Judgment of Inner House, First Division
Outcome
First question answered in the affirmative; second question answered in the negative.
Legal Topics
Construction of Wills, Application of Conditio Si Institutus Sine Liberis Decesserit, Interpretation of 'family' in Testamentary Dispositions
Succession Trusts Construction of Wills Application of Conditio Si Institutus Sine Liberis Decesserit Interpretation of 'family' in Testamentary Dispositions

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Parties

Nathaniel Watt and others, testamentary trustees of William Greig

First Parties

Walter Simpson (as tutor-at-law of his pupil children by Mrs Simpson, daughter of Mrs Murdoch) and William Murray and others (children of Mrs Helen Greig or Murray, daughter of James Greig)

Second Parties

James Murdoch and others (other children of Mrs Murdoch) and James Greig and another (sons of James Greig)

Third Parties

Procedural Posture

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

Legal Issues

  1. 1 Whether the grandchildren of a predeceasing child of a conditional institute are entitled to take their parent's share under the will by application of the conditio si institutus sine liberis decesserit.
  2. 2 Whether the term 'family' in the bequest to the family of the testator's deceased brother includes grandchildren or is confined to children.

Ratio Decidendi

The conditio si institutus sine liberis decesserit applies to the bequest to the children of Mrs Murdoch, so that the children of her daughter who predeceased the testator take their mother's share. There is nothing in the settlement to displace the ordinary meaning of 'family,' which is confined to children only; thus, the grandchildren of the testator's brother do not take in their mother's place under the bequest to the brother's family.

Court Disposition

First question answered in the affirmative; second question answered in the negative.

Orders

  • Children of Mrs Simpson (grandchildren of Mrs Murdoch) are entitled to their mother's share under the will.
  • Children of Mrs Murray (grandchildren of James Greig) are not entitled to participate as 'family' under the will.