Allan's Executrix v. Cockburn and Others [1920] ScotLR 614 (03 July 1920)

Allan's Executrix v. Cockburn and Others [1920] ScotLR 614 (03 July 1920)

The deletions in the testamentary writing are presumed to have been made by the testator with the intention of revoking the affected provisions, and are valid as cancellations, following Milne's Executor v. Waugh.

Citation
[1920] ScotLR 614
Parties
Widow and Executrix Nominate of John Allan, First Party: Mrs Elizabeth Allan or Cockburn; Individual, Second Party: Mrs Elizabeth Allan or Cockburn; Heirs in Mobilibus of John Allan, Third Parties: Thomas Allan and others; Heir in Heritage of John Allan, Fourth Party: Thomas Allan
Jurisdiction
Scotland
Judgment Date
03 July 1920
Procedural Posture
Special Case / Inner House Second Division, Court of Session, Final Judgment
Outcome
Question answered in the affirmative; deletions receive effect as cancelling the provisions so deleted.
Legal Topics
Testamentary Writings, Deletions in Wills, Revocation of Provisions
Succession Wills and Probate Testamentary Writings Deletions in Wills Revocation of Provisions

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mrs Elizabeth Allan or Cockburn

Widow and Executrix Nominate of John Allan, First Party

Mrs Elizabeth Allan or Cockburn

Individual, Second Party

Thomas Allan and others

Heirs in Mobilibus of John Allan, Third Parties

Thomas Allan

Heir in Heritage of John Allan, Fourth Party

Procedural Posture

Special Case / Inner House Second Division, Court of Session, Final Judgment

Legal Issues

  1. 1 Whether deletions in a holograph testamentary writing should receive effect as cancelling the provisions so deleted

Ratio Decidendi

The deletions in the testamentary writing are presumed to have been made by the testator with the intention of revoking the affected provisions, and are valid as cancellations, following Milne's Executor v. Waugh.

Court Disposition

Question answered in the affirmative; deletions receive effect as cancelling the provisions so deleted.

Orders

  • The deletions in the testamentary writing of the testator are valid and cancel the provisions so deleted.