Stewart's Trustees v. Lawrence and Others [1924] ScotLR 691 (11 July 1924)

Stewart's Trustees v. Lawrence and Others [1924] ScotLR 691 (11 July 1924)

On the construction of the will, the lapsed £10,000 legacy was intended to be treated as a contingent burden on the net residue, and upon lapse, it fell into the net residue for distribution to the brother or his issue, not into intestacy.

Citation
[1924] ScotLR 691
Parties
First Parties: Allan Fullarton Baird, LL. D., writer, Glasgow, and Archibald Duncan Campbell, writer, Glasgow, trustees under the trust-disposition and settlement of the late Walter Stewart of Balloch; Second Parties: James Lawrence, Manchester, and Hugh Mulleneux Lawrence, Blackburn, surviving children of the late Mrs Elizabeth Stewart or Lawrence, a sister of the late Walter Stewart of Balloch; Third Parties: Mrs Stewart or Love and Miss Edith Stewart, Hillhead, Glasgow, sister of the late Walter Stewart of Balloch, and the executors of the late Miss Agnes Stewart, another sister of the late Walter Stewart of Balloch; Fourth Party: Mrs Stewart or Love; Fifth Party: Miss Edith Stewart; Sixth Party: Mrs Mabel Ellen Taylor or Coulson, Teignmouth, Devonshire, sole trustee under the will of the late Mrs Ellen Stewart or Taylor, a sister of the late Walter Stewart of Balloch; Seventh Party: Frederick Stancliffe Stancliffe, solicitor, Manchester, trustee under the will of the late John Stewart, a brother of the late Walter Stewart of Balloch; Eighth Parties: Walter Mulleneux Stewart, Muriel Alice Stewart (now Mrs Bennion), and Edith Dorothy Stewart (now Mrs Turner), children of the late John Stewart, and the trustees on the daughters' antenuptial settlements
Jurisdiction
Scotland
Judgment Date
11 July 1924
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Construction of Will and Distribution of Lapsed Legacy
Outcome
The £10,000 legacy does not fall into intestacy but forms part of the net residue for distribution under the will.
Legal Topics
Construction of Wills, Lapsed Bequest, Intestacy, Residuary Estate
Succession Trusts and Estates Construction of Wills Lapsed Bequest Intestacy Residuary Estate

Case Brief

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Parties

Allan Fullarton Baird, LL. D., writer, Glasgow, and Archibald Duncan Campbell, writer, Glasgow, trustees under the trust-disposition and settlement of the late Walter Stewart of Balloch

First Parties

James Lawrence, Manchester, and Hugh Mulleneux Lawrence, Blackburn, surviving children of the late Mrs Elizabeth Stewart or Lawrence, a sister of the late Walter Stewart of Balloch

Second Parties

Mrs Stewart or Love and Miss Edith Stewart, Hillhead, Glasgow, sister of the late Walter Stewart of Balloch, and the executors of the late Miss Agnes Stewart, another sister of the late Walter Stewart of Balloch

Third Parties

Mrs Stewart or Love

Fourth Party

Miss Edith Stewart

Fifth Party

Mrs Mabel Ellen Taylor or Coulson, Teignmouth, Devonshire, sole trustee under the will of the late Mrs Ellen Stewart or Taylor, a sister of the late Walter Stewart of Balloch

Sixth Party

Frederick Stancliffe Stancliffe, solicitor, Manchester, trustee under the will of the late John Stewart, a brother of the late Walter Stewart of Balloch

Seventh Party

Walter Mulleneux Stewart, Muriel Alice Stewart (now Mrs Bennion), and Edith Dorothy Stewart (now Mrs Turner), children of the late John Stewart, and the trustees on the daughters' antenuptial settlements

Eighth Parties

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment on Construction of Will and Distribution of Lapsed Legacy

Legal Issues

  1. 1 Whether the £10,000 legacy to Esther Mary Lawrence, who predeceased the testator unmarried, falls into intestacy or forms part of the net residue for distribution under the will
  2. 2 Whether death duties on the lapsed legacy are payable out of the legacy or the net residue

Ratio Decidendi

On the construction of the will, the lapsed £10,000 legacy was intended to be treated as a contingent burden on the net residue, and upon lapse, it fell into the net residue for distribution to the brother or his issue, not into intestacy.

Court Disposition

The £10,000 legacy does not fall into intestacy but forms part of the net residue for distribution under the will.

Orders

  • First question answered in the negative (does not fall into intestacy)
  • Second question answered in the affirmative (forms part of net residue)