Chiene v. Tait's Trustees [1911] ScotLR 609 (16 March 1911)

Chiene v. Tait's Trustees [1911] ScotLR 609 (16 March 1911)

The informal holograph document dated 28 October 1909, signed and bearing reference to 'my last will of even date,' was intended by the testator to operate as a codicil to the formal settlement of 29 October 1909. Despite its informality and date discrepancy, it expresses a concluded testamentary intention and is valid except for the portion fenced off by a line, which is excluded from effect. The annuity claim by Miss Isobella Lyon is not sustained as the fenced-off portion was not intended to be operative.

Citation
[1911] ScotLR 609
Parties
Claimants: Mrs Alice Bisset or Leishman and Others; Claimant: Miss Isobella Lyon; Claimant: William Elgin, curator bonis for Miss Janet Tait; Claimant and Reclaimer: Hall Campbell Chiene; Pursuers and Real Raisers, Claimants: William Brown Dunlop and Others (Mr Tait's Trustees)
Jurisdiction
Scotland
Judgment Date
16 March 1911
Procedural Posture
Multiplepoinding and Exoneration / Appeal From Lord Ordinary's Interlocutor
Outcome
The Court recalled the interlocutor of the Lord Ordinary in so far as it found Miss Isobella Lyon entitled to the annuity, repelled her claim, and quoad ultra adhered to the interlocutor, giving effect to the informal codicil for the legacies outside the fenced-off portion.
Legal Topics
Testamentary Intention, Codicil Validity, Revocation of Testamentary Writings, Interpretation of Wills
Succession Wills and Probate Testamentary Intention Codicil Validity Revocation of Testamentary Writings Interpretation of Wills

Case Brief

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Parties

Mrs Alice Bisset or Leishman and Others

Claimants

Miss Isobella Lyon

Claimant

William Elgin, curator bonis for Miss Janet Tait

Claimant

Hall Campbell Chiene

Claimant and Reclaimer

William Brown Dunlop and Others (Mr Tait's Trustees)

Pursuers and Real Raisers, Claimants

Procedural Posture

Multiplepoinding and Exoneration / Appeal From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the informal holograph document dated 28 October 1909 is a valid and operative testamentary writing
  2. 2 Whether the document was revoked by the formal settlement of 29 October 1909
  3. 3 Whether the annuity claim by Miss Isobella Lyon is valid

Ratio Decidendi

The informal holograph document dated 28 October 1909, signed and bearing reference to 'my last will of even date,' was intended by the testator to operate as a codicil to the formal settlement of 29 October 1909. Despite its informality and date discrepancy, it expresses a concluded testamentary intention and is valid except for the portion fenced off by a line, which is excluded from effect. The annuity claim by Miss Isobella Lyon is not sustained as the fenced-off portion was not intended to be operative.

Court Disposition

The Court recalled the interlocutor of the Lord Ordinary in so far as it found Miss Isobella Lyon entitled to the annuity, repelled her claim, and quoad ultra adhered to the interlocutor, giving effect to the informal codicil for the legacies outside the fenced-off portion.

Orders

  • Legacies listed in the informal document outside the fenced-off portion to be paid as valid testamentary bequests.
  • Miss Isobella Lyon's annuity claim repelled.