Simson's Trustees v. Simson [1921] ScotLR 5 (21 October 1921)

The holograph writing of 2nd May 1920, using the words 'all my monies and belongings,' was interpreted as a universal settlement, conveying the whole estate, both heritable and moveable, to the testator's wife, based on the testator's intention and the circumstances of execution.

Citation: [1921] ScotLR 5
Parties: First Parties: Adam Simson and others (Simson's Trustees); Second Party: Mrs Janet Gibson Alexander or Simson
Jurisdiction: Scotland
Judgment Date: 21 October 1921
Procedural Posture: Special Case / Final Judgment
Outcome: First question answered in the affirmative; second question not answered as unnecessary.
Legal Topics: Interpretation of Testamentary Writings, Gift of Heritage, Revocation of Wills

Succession Testamentary Law Interpretation of Testamentary Writings Gift of Heritage Revocation of Wills

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 8

Parties

Adam Simson and others (Simson's Trustees)

First Parties

Mrs Janet Gibson Alexander or Simson

Second Party

Procedural Posture

Special Case / Final Judgment

Legal Issues

1 Whether the holograph writing of 2nd May 1920 conveyed the whole estate, heritable and moveable, to the testator's wife
2 Whether previous testamentary writings were revoked by the holograph writing

Ratio Decidendi

Court Disposition

First question answered in the affirmative; second question not answered as unnecessary.

Orders

The testator's wife is entitled to the whole estate, heritable and moveable, under the holograph writing of 2nd May 1920.