Bryden and Others v. Cormack [1912] ScotLR 76 (22 November 1912)

Bryden and Others v. Cormack [1912] ScotLR 76 (22 November 1912)

The testamentary disposition of Mrs Cormack was not habile to convey heritable property, as the language used did not unequivocally indicate an intention to include heritage, and lacked words of general gift or direction to sell heritable subjects.

Citation
[1912] ScotLR 76
Parties
Petitioners/appellants: Mrs Amelia Sutherland or Bryden and Others; Respondent/heir in Heritage: John Harold Cormack
Jurisdiction
Scotland
Judgment Date
22 November 1912
Procedural Posture
Appeal (petition) / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
Appeal allowed; petition refused and dismissed.
Legal Topics
Testamentary Disposition, Construction of Wills, Conveyance of Heritable Property, Residue of Estate
Succession Property Law Testamentary Disposition Construction of Wills Conveyance of Heritable Property Residue of Estate

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Parties

Mrs Amelia Sutherland or Bryden and Others

Petitioners/appellants

John Harold Cormack

Respondent/heir in Heritage

Procedural Posture

Appeal (petition) / Appeal From Sheriff Court to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether the testamentary disposition of Mrs Cormack carried heritable property or only moveable property
  2. 2 Whether the language of the will was sufficient to convey heritage

Ratio Decidendi

The testamentary disposition of Mrs Cormack was not habile to convey heritable property, as the language used did not unequivocally indicate an intention to include heritage, and lacked words of general gift or direction to sell heritable subjects.

Court Disposition

Appeal allowed; petition refused and dismissed.

Orders

  • Interlocutor of the Sheriff-Substitute recalled.
  • Found that the trust-disposition and settlement of Mrs Cormack was not habile to convey heritable property.