Mackie's Trustees v. Mackie [1914] ScotLR 345 (20 February 1914)

Mackie's Trustees v. Mackie [1914] ScotLR 345 (20 February 1914)

The codicil was a gratuitous bequest by Mrs Mackie to her husband's relatives, executed at his instance, and thus revocable by her after his death. The reservation of her full interest under the mutual settlement further implied she retained power to dispose of the estate as she saw fit. The codicil did not constitute a contractual obligation limiting her testamentary power.

Citation
[1914] ScotLR 345
Parties
Pursuers and Real Raisers: James Guthrie Shiell and another, testamentary trustees of the late Mrs Elizabeth Mackie; Claimants (beneficiaries Under Mutual Codicil): Miss Jessie Bruce Mackie and others; Claimants (beneficiaries Under Subsequent Settlement and Codicils): Mrs Menzies and others; Respondents: Mrs Robertson and Others
Jurisdiction
Scotland
Judgment Date
20 February 1914
Procedural Posture
Action of Multiplepoinding and Exoneration / Inner House Second Division, Court of Session, Appeal/reclamation
Outcome
Court adhered to the Lord Ordinary's finding; Mrs Mackie had power to dispose of the whole estate as she thought fit.
Legal Topics
Mutual Wills, Donation Inter Virum Et Uxorem, Revocability of Testamentary Dispositions, Contractual Settlements
Succession Family Law Mutual Wills Donation Inter Virum Et Uxorem Revocability of Testamentary Dispositions Contractual Settlements

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 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

James Guthrie Shiell and another, testamentary trustees of the late Mrs Elizabeth Mackie

Pursuers and Real Raisers

Miss Jessie Bruce Mackie and others

Claimants (beneficiaries Under Mutual Codicil)

Mrs Menzies and others

Claimants (beneficiaries Under Subsequent Settlement and Codicils)

Mrs Robertson and Others

Respondents

Procedural Posture

Action of Multiplepoinding and Exoneration / Inner House Second Division, Court of Session, Appeal/reclamation

Legal Issues

  1. 1 Whether a mutual codicil to an onerous and contractual mutual settlement is revocable by the surviving spouse
  2. 2 Whether the bequest to the husband's relatives under the codicil is irrevocable or a revocable donation

Ratio Decidendi

The codicil was a gratuitous bequest by Mrs Mackie to her husband's relatives, executed at his instance, and thus revocable by her after his death. The reservation of her full interest under the mutual settlement further implied she retained power to dispose of the estate as she saw fit. The codicil did not constitute a contractual obligation limiting her testamentary power.

Court Disposition

Court adhered to the Lord Ordinary's finding; Mrs Mackie had power to dispose of the whole estate as she thought fit.

Orders

  • Mrs Mackie's testamentary writings to receive effect according to their terms.
  • Claims of Dr Mackie's relatives under the codicil rejected.