Kinsey-Morgan's Trustees v. Campbell [1915] ScotLR 289 (08 January 1915)

Kinsey-Morgan's Trustees v. Campbell [1915] ScotLR 289 (08 January 1915)

The codicil's inaccurate recital did not revoke or alter the essential provisions of the trust-disposition and settlement; the widow's liferent remained alimentary and limited to one-half of the residue; the son's gift vested absolutely, and the codicil's latter part was merely an earnest request without legal effect.

Citation
[1915] ScotLR 289
Parties
First Parties: Mrs Campbell and others, testamentary trustees of Robert Campbell; Second Parties: Buchanan Campbell and another, antenuptial marriage-contract trustees of Mrs Kinsey-Morgan; Third Party: Mrs Kinsey-Morgan (Beatrice Campbell), only daughter of the deceased; Fourth Parties: Miss Beatrice Margaret Kinsey-Morgan and her father as guardian; Fifth Party: Mrs Campbell, widow of the deceased, as an individual; Sixth Party: Buchanan Campbell, only son of the deceased, as an individual
Jurisdiction
Scotland
Judgment Date
08 January 1915
Procedural Posture
Special Case for Opinion and Judgment / Court of Session Inner House Second Division, Final Judgment
Outcome
Questions of law answered: widow entitled to alimentary liferent of one-half residue; son's gift vested absolutely; codicil did not revoke or alter will.
Legal Topics
Testamentary Disposition, Codicil Interpretation, Revocation, Precatory Trust, Alimentary Liferent
Succession Trusts Wills Testamentary Disposition Codicil Interpretation Revocation Precatory Trust Alimentary Liferent

Case Brief

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Parties

Mrs Campbell and others, testamentary trustees of Robert Campbell

First Parties

Buchanan Campbell and another, antenuptial marriage-contract trustees of Mrs Kinsey-Morgan

Second Parties

Mrs Kinsey-Morgan (Beatrice Campbell), only daughter of the deceased

Third Party

Miss Beatrice Margaret Kinsey-Morgan and her father as guardian

Fourth Parties

Mrs Campbell, widow of the deceased, as an individual

Fifth Party

Buchanan Campbell, only son of the deceased, as an individual

Sixth Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the codicil revoked or altered the trust-disposition and settlement
  2. 2 Whether the widow was entitled to liferent of whole estate or only one-half
  3. 3 Whether the son's gift vested absolutely or was subject to precatory trust

Ratio Decidendi

The codicil's inaccurate recital did not revoke or alter the essential provisions of the trust-disposition and settlement; the widow's liferent remained alimentary and limited to one-half of the residue; the son's gift vested absolutely, and the codicil's latter part was merely an earnest request without legal effect.

Court Disposition

Questions of law answered: widow entitled to alimentary liferent of one-half residue; son's gift vested absolutely; codicil did not revoke or alter will.

Orders

  • Answer branch (a) of first question in negative and branch (b) in affirmative; branch (c) unnecessary.
  • Declare liferent for widow is alimentary allenarly.