Dennis's Trustees v. Dennis and Others [1923] ScotLR 563 (23 June 1923)

Dennis's Trustees v. Dennis and Others [1923] ScotLR 563 (23 June 1923)

The right of purchase conferred on the niece by the last codicil was irreconcilable with the special destinations of the stocks and shares, and therefore the special destinations of the stocks and shares acquired prior to the date of the codicil were revoked by the general conveyance. The special destination of the shares acquired subsequent to the codicil remained unaffected. The special destination in the bond and disposition in security remained unaffected, as there was no evidence of intention to revoke it.

Citation
[1923] ScotLR 563
Parties
First Parties (trustees): George Robert Toynbee and others (Dennis's Trustees); Second Party (widow): Mrs Rebecca Fieldsend or Dennis (widow of John Dennis); Third Party (niece): Miss Martha Jane Elliot (niece of John Dennis); Fourth Parties (residuary Legatees): Beneficiaries or representatives of beneficiaries interested in the residue of the trust estate
Jurisdiction
Scotland
Judgment Date
23 June 1923
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Questions of Law Regarding Succession and Revocation of Special Destinations
Outcome
Special destinations in stocks and shares acquired prior to the last codicil revoked; special destination in bond and in shares acquired after codicil unaffected.
Legal Topics
Special Destination, Revocation of Special Destination, Testamentary Disposition, Interpretation of Wills, Joint Ownership of Shares, Bond and Disposition in Security
Succession Law Trusts and Estates Special Destination Revocation of Special Destination Testamentary Disposition Interpretation of Wills Joint Ownership of Shares Bond and Disposition in Security

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Parties

George Robert Toynbee and others (Dennis's Trustees)

First Parties (trustees)

Mrs Rebecca Fieldsend or Dennis (widow of John Dennis)

Second Party (widow)

Miss Martha Jane Elliot (niece of John Dennis)

Third Party (niece)

Beneficiaries or representatives of beneficiaries interested in the residue of the trust estate

Fourth Parties (residuary Legatees)

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment on Questions of Law Regarding Succession and Revocation of Special Destinations

Legal Issues

  1. 1 Whether special destinations in stocks, shares, and bond in favour of the widow were revoked by subsequent testamentary writings
  2. 2 Whether the general conveyance in the last codicil was irreconcilable with the special destinations
  3. 3 Whether the bond and disposition in security was affected by the testamentary writings

Ratio Decidendi

The right of purchase conferred on the niece by the last codicil was irreconcilable with the special destinations of the stocks and shares, and therefore the special destinations of the stocks and shares acquired prior to the date of the codicil were revoked by the general conveyance. The special destination of the shares acquired subsequent to the codicil remained unaffected. The special destination in the bond and disposition in security remained unaffected, as there was no evidence of intention to revoke it.

Court Disposition

Special destinations in stocks and shares acquired prior to the last codicil revoked; special destination in bond and in shares acquired after codicil unaffected.

Orders

  • Shares acquired prior to the last codicil fall into the trust estate and are to be administered by the trustees.
  • Shares acquired after the last codicil remain subject to the special destination in favour of the widow.