Barker and Others v. Watson's Trustees and Others [1918] ScotLR 63 (23 November 1918)

Barker and Others v. Watson's Trustees and Others [1918] ScotLR 63 (23 November 1918)

The codicils required that, at the testator's death, his daughter and her husband be living together as husband and wife for the children to take the full benefit. At the date of death, they were not so living together, and the condition was not impossible in law or fact. The codicils must be given effect, restricting the children's entitlement as provided.

Citation
[1918] ScotLR 63
Parties
Pursuers: Francis James Barker, Sydney Thornton Darrell, Mrs Elizabeth Mary Watson or Barker now Darrell; Defenders: Thomas Watson M'Nab Watson and others (trustees and beneficiaries under the will of John Ebenezer Watson)
Jurisdiction
Scotland
Judgment Date
23 November 1918
Procedural Posture
Action of Declarator / Appeal (reclaiming Motion) in the Inner House, Second Division, After Proof
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; defenders assoilzied (absolved).
Legal Topics
Construction of Wills, Conditional Legacies, Impossibility of Condition, Interpretation of Testamentary Conditions
Succession Trusts and Estates Construction of Wills Conditional Legacies Impossibility of Condition Interpretation of Testamentary Conditions

Case Brief

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Parties

Francis James Barker, Sydney Thornton Darrell, Mrs Elizabeth Mary Watson or Barker now Darrell

Pursuers

Thomas Watson M'Nab Watson and others (trustees and beneficiaries under the will of John Ebenezer Watson)

Defenders

Procedural Posture

Action of Declarator / Appeal (reclaiming Motion) in the Inner House, Second Division, After Proof

Legal Issues

  1. 1 Whether the condition in the testator's codicil requiring his daughter and her husband to be 'living together as husband and wife' at the date of his death was satisfied or impossible of fulfilment; whether the codicils validly revoked or altered the rights of the children as beneficiaries under the trust.

Ratio Decidendi

The codicils required that, at the testator's death, his daughter and her husband be living together as husband and wife for the children to take the full benefit. At the date of death, they were not so living together, and the condition was not impossible in law or fact. The codicils must be given effect, restricting the children's entitlement as provided.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; defenders assoilzied (absolved).

Orders

  • The interlocutor of the Lord Ordinary is recalled.
  • The defenders are assoilzied from the conclusions of the summons.