Phillipp's Trustees v. Phillipp's Executor [1920] ScotLR 212 (08 January 1920)

Phillipp's Trustees v. Phillipp's Executor [1920] ScotLR 212 (08 January 1920)

The marriage contract provisions in favour of heirs in mobilibus were ordinary, defeasible testamentary dispositions, not special destinations. The subsequent will, being a general disposition of the whole estate (except specified trinkets), impliedly revoked the prior marriage contract provisions. The testatrix's intention was clear that her husband should take the whole estate, and the will must prevail.

Citation
[1920] ScotLR 212
Parties
First Parties (trustees Under Residue Trust Deed): Phillipp's Trustees; Second Parties: Trustees under antenuptial contract of marriage; Third Parties: Brother and sisters of Mrs Gertrude Duff or Phillipps; Fourth Party: Edward Fotherley Phillipps (as executor and residuary legatee)
Jurisdiction
Scotland
Judgment Date
08 January 1920
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Final Judgment
Outcome
Marriage contract provisions in favour of heirs in mobilibus impliedly revoked by subsequent will; estate to husband as residuary legatee.
Legal Topics
Revocation of Testamentary Dispositions, Implied Revocation by Subsequent Will, Marriage Contract Provisions, Special Destinations, Testamentary Power of Appointment
Succession Law Trusts and Estates Family Law Revocation of Testamentary Dispositions Implied Revocation by Subsequent Will Marriage Contract Provisions Special Destinations Testamentary Power of Appointment

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Parties

Phillipp's Trustees

First Parties (trustees Under Residue Trust Deed)

Trustees under antenuptial contract of marriage

Second Parties

Brother and sisters of Mrs Gertrude Duff or Phillipps

Third Parties

Edward Fotherley Phillipps (as executor and residuary legatee)

Fourth Party

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Final Judgment

Legal Issues

  1. 1 Whether marriage contract provisions in favour of heirs in mobilibus were irrevocable or revoked by subsequent will
  2. 2 Whether the will operated as an implied revocation of prior testamentary dispositions in the marriage contract
  3. 3 Whether the destinations in the trust deeds and marriage contract constituted special destinations not evacuated by a general will

Ratio Decidendi

The marriage contract provisions in favour of heirs in mobilibus were ordinary, defeasible testamentary dispositions, not special destinations. The subsequent will, being a general disposition of the whole estate (except specified trinkets), impliedly revoked the prior marriage contract provisions. The testatrix's intention was clear that her husband should take the whole estate, and the will must prevail.

Court Disposition

Marriage contract provisions in favour of heirs in mobilibus impliedly revoked by subsequent will; estate to husband as residuary legatee.

Orders

  • Answer questions 1 and 2 in the affirmative (by consent).
  • Answer question 3, branch (a) of question 5, question 6, and branch (a) of question 8 in the negative.