Nasmyth's Trustees v. National Society for the Prevention of Cruelty to Children and Others [1912] ScotLR 271 (17 December 1912)

Nasmyth's Trustees v. National Society for the Prevention of Cruelty to Children and Others [1912] ScotLR 271 (17 December 1912)

The designation 'The National Society for the Prevention of Cruelty to Children' in the will is ambiguous, and it is necessary to allow proof of extrinsic facts to determine the testator's intention as to which society was intended as the beneficiary.

Citation
[1912] ScotLR 271
Parties
Pursuers and Real Raisers: Thomas Goodall Mason, M.D., Edinburgh and others, Trustees under the trust-disposition and settlement of Alexander Hogg Nasmyth of Middlebank, Fife; Defender/claimant: The National Society for the Prevention of Cruelty to Children, London; Defender/claimant: The Scottish National Society for the Prevention of Cruelty to Children, Edinburgh; Defender: Ninian Hill, general secretary of the Scottish National Society for the Prevention of Cruelty to Children
Jurisdiction
Scotland
Judgment Date
17 December 1912
Procedural Posture
Multiplepoinding / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Interlocutor of Lord Ordinary recalled; proof allowed of parties' respective averments on record.
Legal Topics
Legacy, Ambiguity in Designation of Beneficiary, Admissibility of Extrinsic Evidence
Succession Charity Law Legacy Ambiguity in Designation of Beneficiary Admissibility of Extrinsic Evidence

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Parties

Thomas Goodall Mason, M.D., Edinburgh and others, Trustees under the trust-disposition and settlement of Alexander Hogg Nasmyth of Middlebank, Fife

Pursuers and Real Raisers

The National Society for the Prevention of Cruelty to Children, London

Defender/claimant

The Scottish National Society for the Prevention of Cruelty to Children, Edinburgh

Defender/claimant

Ninian Hill, general secretary of the Scottish National Society for the Prevention of Cruelty to Children

Defender

Procedural Posture

Multiplepoinding / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the designation 'The National Society for the Prevention of Cruelty to Children' in a Scottish will refers to the London society or the Scottish society
  2. 2 Whether extrinsic evidence is admissible to resolve ambiguity in the designation of a charitable legatee

Ratio Decidendi

The designation 'The National Society for the Prevention of Cruelty to Children' in the will is ambiguous, and it is necessary to allow proof of extrinsic facts to determine the testator's intention as to which society was intended as the beneficiary.

Court Disposition

Interlocutor of Lord Ordinary recalled; proof allowed of parties' respective averments on record.

Orders

  • Proof allowed of the respective averments of the parties on record.