Bray and Others v. Peterkin (Bruce's Trustee) And Others [1906] ScotLR 43_746 (19 July 1906)

Bray and Others v. Peterkin (Bruce's Trustee) And Others [1906] ScotLR 43_746 (19 July 1906)

The Court held that Mrs Diana Bruce's general residuary clause in her will was sufficient to exercise the power of appointment over the moiety of the Blackmount proceeds, as there was no clear contrary intention expressed. The presumption in law is that such powers are exercised by general words unless rebutted by strong evidence of a contrary intention, which was not present here.

Citation
[1906] ScotLR 43_746
Parties
Pursuer: Mrs Charlotte Wheeler or Bray and others; Defender: Henry Peterkin (Bruce's Trustee) and others
Jurisdiction
Scotland
Judgment Date
19 July 1906
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Reheard Before Seven Judges
Outcome
Appeal dismissed; judgment of Lord Ordinary affirmed.
Legal Topics
Power of Appointment, Wills, Construction of Testamentary Documents, Presumption of Exercise of Power, Intention in Testamentary Dispositions
Succession Trusts and Estates Power of Appointment Wills Construction of Testamentary Documents Presumption of Exercise of Power Intention in Testamentary Dispositions

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Parties

Mrs Charlotte Wheeler or Bray and others

Pursuer

Henry Peterkin (Bruce's Trustee) and others

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Reheard Before Seven Judges

Legal Issues

  1. 1 Whether Mrs Diana Bruce validly exercised the power of appointment over one moiety of the proceeds of the sale of Blackmount property conferred by her husband's trust-disposition and settlement.

Ratio Decidendi

The Court held that Mrs Diana Bruce's general residuary clause in her will was sufficient to exercise the power of appointment over the moiety of the Blackmount proceeds, as there was no clear contrary intention expressed. The presumption in law is that such powers are exercised by general words unless rebutted by strong evidence of a contrary intention, which was not present here.

Court Disposition

Appeal dismissed; judgment of Lord Ordinary affirmed.

Orders

  • Declared that Mrs Diana Bruce validly exercised the power of appointment over the first moiety of the proceeds of the sale of Blackmount property by her will.