Dunnett and Others (Mitchell's Trustees) [1912] ScotLR 452 (23 February 1912)

Dunnett and Others (Mitchell's Trustees) [1912] ScotLR 452 (23 February 1912)

The holograph writing, signed by the deceased and found with the IOUs, was a valid testamentary bequest or discharge of the debts, as the identification of 'this' was provided by the circumstances in which the documents were found.

Citation
[1912] ScotLR 452
Parties
First Parties: Rev. William Dunnett and others (Mitchell's Trustees); Second Parties: Mrs Marion Mitchell or Pride and William Pride
Jurisdiction
Scotland
Judgment Date
23 February 1912
Procedural Posture
Special Case (succession/testamentary) / Inner House, First Division, Court of Session Judgment
Outcome
Affirmative answer to the question of law; the writings constitute a valid testamentary bequest or cancellation of the debts in all four IOUs.
Legal Topics
Legatum Liberationis, Holograph Testamentary Writings, Identification of Testamentary Subject, Cancellation of Debt by Will
Succession Testamentary Writings Legatum Liberationis Holograph Testamentary Writings Identification of Testamentary Subject Cancellation of Debt by Will

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Parties

Rev. William Dunnett and others (Mitchell's Trustees)

First Parties

Mrs Marion Mitchell or Pride and William Pride

Second Parties

Procedural Posture

Special Case (succession/testamentary) / Inner House, First Division, Court of Session Judgment

Legal Issues

  1. 1 Whether the holograph writing on the letter constitutes a valid testamentary bequest or cancellation of the debts constituted by the IOUs.

Ratio Decidendi

The holograph writing, signed by the deceased and found with the IOUs, was a valid testamentary bequest or discharge of the debts, as the identification of 'this' was provided by the circumstances in which the documents were found.

Court Disposition

Affirmative answer to the question of law; the writings constitute a valid testamentary bequest or cancellation of the debts in all four IOUs.

Orders

  • The question of law is answered in the affirmative.