Young v. Anderson [1904] ScotLR 42_129 (23 November 1904)

Young v. Anderson [1904] ScotLR 42_129 (23 November 1904)

The Court held that the copy produced, supported by the proof of execution, actings of parties, and circumstances of loss, established both the tenor of the deed and the casus amissionis. The evidence showed the will was executed, acted upon, and lost through circumstances explained by the solicitor's death and movement of papers. The legal presumption of revocation was displaced by the facts.

Citation
[1904] ScotLR 42_129
Parties
Pursuer: Mrs Joan Anderson or Young; Pursuer: Mrs Margaret Anderson or Nutter; Defender: Thomas Anderson, engineer, Glasgow; Defender: Grace Anderson, Glasgow
Jurisdiction
Scotland
Judgment Date
23 November 1904
Procedural Posture
Proving of the Tenor / Inner House Appeal After Proof Before Lord Ordinary
Outcome
Action sustained; tenor of the deed and casus amissionis proven.
Legal Topics
Proving of the Tenor, Casus Amissionis, Testamentary Disposition, Adminicle Evidence
Succession Law Civil Procedure Proving of the Tenor Casus Amissionis Testamentary Disposition Adminicle Evidence

Case Brief

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Parties

Mrs Joan Anderson or Young

Pursuer

Mrs Margaret Anderson or Nutter

Pursuer

Thomas Anderson, engineer, Glasgow

Defender

Grace Anderson, Glasgow

Defender

Procedural Posture

Proving of the Tenor / Inner House Appeal After Proof Before Lord Ordinary

Legal Issues

  1. 1 Whether the tenor of an unrecorded mortis causa disposition executed in 1848 can be proved by secondary evidence
  2. 2 Whether casus amissionis (loss of the original deed) is sufficiently established

Ratio Decidendi

The Court held that the copy produced, supported by the proof of execution, actings of parties, and circumstances of loss, established both the tenor of the deed and the casus amissionis. The evidence showed the will was executed, acted upon, and lost through circumstances explained by the solicitor's death and movement of papers. The legal presumption of revocation was displaced by the facts.

Court Disposition

Action sustained; tenor of the deed and casus amissionis proven.

Orders

  • Find the casus amissionis of the disposition and deed of settlement libelled proven.
  • Find the tenor thereof as libelled proven.