Turnbull's Trustees v. Turnbull's Trustees [1911] ScotLR 1033 (17 July 1911)

Turnbull's Trustees v. Turnbull's Trustees [1911] ScotLR 1033 (17 July 1911)

The holograph settlement of 16th February 1907, which expressly revoked all previous wills and settlements and conveyed the whole property, means, and estate to the testator's daughter, was effectual to revoke all prior testamentary and revocable settlements, including special destinations, and to carry the entirety of the estate to the daughter.

Citation
[1911] ScotLR 1033
Parties
First Party: Mrs Elizabeth Cochran Turnbull or Robertson; Second Party: James Dunbar Mackintosh and others; Third Party: Mrs Elizabeth Cochran Turnbull or Robertson and Hugh Robertson
Jurisdiction
Scotland
Judgment Date
17 July 1911
Procedural Posture
Special Case / Judgment
Outcome
All previous settlements specified in the Special Case were revoked by the general trust-disposition and settlement of 16th February 1907; the whole property, real and personal, was effectually conveyed to the testator's daughter.
Legal Topics
Revocation of Testamentary Settlements, Effect of General Disposition on Special Destination, Trust Constitution and Recall
Succession Revocation of Testamentary Settlements Effect of General Disposition on Special Destination Trust Constitution and Recall

Case Brief

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Parties

Mrs Elizabeth Cochran Turnbull or Robertson

First Party

James Dunbar Mackintosh and others

Second Party

Mrs Elizabeth Cochran Turnbull or Robertson and Hugh Robertson

Third Party

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Was a trust validly constituted by the letters of 13th and 14th November 1900 with regard to certain subjects and policies?
  2. 2 Did the provisions of any such trust extend to properties conveyed by later dispositions?
  3. 3 Did the general trust-disposition and settlement of 16th February 1907 operate the recall of any such trust?

Ratio Decidendi

The holograph settlement of 16th February 1907, which expressly revoked all previous wills and settlements and conveyed the whole property, means, and estate to the testator's daughter, was effectual to revoke all prior testamentary and revocable settlements, including special destinations, and to carry the entirety of the estate to the daughter.

Court Disposition

All previous settlements specified in the Special Case were revoked by the general trust-disposition and settlement of 16th February 1907; the whole property, real and personal, was effectually conveyed to the testator's daughter.

Orders

  • Find in answer to the fourth question of law that all previous settlements specified in the Special Case were revoked and the whole property was conveyed to the testator's daughter.
  • Find it unnecessary to answer the other questions of law in the case, and decern.