Rankin v. Rankin [1902] ScotLR 39_753 (09 July 1902)

Rankin v. Rankin [1902] ScotLR 39_753 (09 July 1902)

The will executed by John Rankin before marriage was revoked by the subsequent birth of his son, as the doctrine of conditio si testator sine liberis decesserit applied. The testator's later actions and lack of reference to the will confirmed he did not intend it to operate after the birth of his child.

Citation
[1902] ScotLR 39_753
Parties
First Party (widow): Margaret M'Connell Rankin; Second Party (child's Representative): Factor loco tutoris for John Rankin (son, pupil)
Jurisdiction
Scotland
Judgment Date
09 July 1902
Procedural Posture
Special Case (succession) / Inner House, Second Division, Court of Session
Outcome
Will revoked by birth of child; question answered in the affirmative for the second party.
Legal Topics
Revocation of Will by Birth of Child, Conditio Si Testator Sine Liberis Decesserit, Testamentary Intention
Succession Testamentary Law Revocation of Will by Birth of Child Conditio Si Testator Sine Liberis Decesserit Testamentary Intention

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

Parties

Margaret M'Connell Rankin

First Party (widow)

Factor loco tutoris for John Rankin (son, pupil)

Second Party (child's Representative)

Procedural Posture

Special Case (succession) / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether the will of John Rankin was revoked by the birth of his son under the doctrine of conditio si testator sine liberis decesserit.

Ratio Decidendi

The will executed by John Rankin before marriage was revoked by the subsequent birth of his son, as the doctrine of conditio si testator sine liberis decesserit applied. The testator's later actions and lack of reference to the will confirmed he did not intend it to operate after the birth of his child.

Court Disposition

Will revoked by birth of child; question answered in the affirmative for the second party.

Orders

  • The will of John Rankin was revoked by the birth of his son.