Milne's Executor v. Trustees of Bristo Place Baptist Church and Others [1912] ScotLR 102 (21 November 1912)

Milne's Executor v. Trustees of Bristo Place Baptist Church and Others [1912] ScotLR 102 (21 November 1912)

Deletions in the holograph testamentary writings, found in the undisturbed possession of the testatrix, are presumed to have been made by her and must receive effect as cancelling the bequests so deleted. The half of the residue originally destined to the Bristo Place Baptist Congregation, Edinburgh, is undisposed of and falls into intestacy.

Citation
[1912] ScotLR 102
Parties
First Party: Peter Milne, executor-dative of Miss Mary Ann Milne; Second Parties: Percival Waugh and others, Trustees of Bristo Place Baptist Church; Third Parties: Rev. John Fraser and others, ministers and elders of West United Free Church, Brechin; Fourth Party: Peter Milne, as individual, sole next-of-kin of Miss Milne
Jurisdiction
Scotland
Judgment Date
21 November 1912
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Questions of Law Regarding Effect of Deletions in Testamentary Writings
Outcome
First question (effect of deletions) answered in the affirmative; second question, branch (a) (intestacy of half residue) answered in the affirmative.
Legal Topics
Testamentary Capacity, Holograph Wills, Deletions and Alterations in Wills, Intestacy
Succession Wills and Probate Testamentary Capacity Holograph Wills Deletions and Alterations in Wills Intestacy

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Parties

Peter Milne, executor-dative of Miss Mary Ann Milne

First Party

Percival Waugh and others, Trustees of Bristo Place Baptist Church

Second Parties

Rev. John Fraser and others, ministers and elders of West United Free Church, Brechin

Third Parties

Peter Milne, as individual, sole next-of-kin of Miss Milne

Fourth Party

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment on Questions of Law Regarding Effect of Deletions in Testamentary Writings

Legal Issues

  1. 1 Whether deletions in the holograph testamentary writings of the testatrix should receive effect as cancelling the bequests so scored or deleted
  2. 2 Whether the half of the residue originally destined to the Bristo Place Baptist Congregation, Edinburgh, falls into intestacy or accrues to the West United Free Church Congregation, Brechin

Ratio Decidendi

Deletions in the holograph testamentary writings, found in the undisturbed possession of the testatrix, are presumed to have been made by her and must receive effect as cancelling the bequests so deleted. The half of the residue originally destined to the Bristo Place Baptist Congregation, Edinburgh, is undisposed of and falls into intestacy.

Court Disposition

First question (effect of deletions) answered in the affirmative; second question, branch (a) (intestacy of half residue) answered in the affirmative.

Orders

  • Deletions in the testamentary writings are to receive effect as cancelling the bequests so scored or deleted.
  • The half of the residue originally destined to the Bristo Place Baptist Congregation, Edinburgh, falls into intestacy.