Argo v. Pauline and Others [1905] ScotLR 43_23 (10 November 1905)

Argo v. Pauline and Others [1905] ScotLR 43_23 (10 November 1905)

The phrase 'my relatives of like degree in Scotland living at the time of my death' in the codicil refers to relatives who were settled or ordinarily resident in Scotland at the time of the testatrix's death, not those merely present temporarily. Miss Annie Elmslie, whose home and ordinary residence was in Australia and who was only visiting Scotland, did not qualify.

Citation
[1905] ScotLR 43_23
Parties
Pursuer: Gavin E. Argo; Appellant: Annie Elmslie; Claimant (withdrew Appeal): Isabella Janet Elmslie; Respondents: Pauline and Others (29 claimants)
Jurisdiction
Scotland
Judgment Date
10 November 1905
Procedural Posture
Multiplepoinding (succession Dispute) / Appeal From Sheriff Court to Inner House, Court of Session
Outcome
Appeal refused; interlocutor of the Sheriff affirmed.
Legal Topics
Interpretation of Bequest, Class Description in Will, Residency Requirement for Beneficiaries, Expenses in Multiplepoinding
Succession Wills and Probate Interpretation of Bequest Class Description in Will Residency Requirement for Beneficiaries Expenses in Multiplepoinding

Case Brief

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Parties

Gavin E. Argo

Pursuer

Annie Elmslie

Appellant

Isabella Janet Elmslie

Claimant (withdrew Appeal)

Pauline and Others (29 claimants)

Respondents

Procedural Posture

Multiplepoinding (succession Dispute) / Appeal From Sheriff Court to Inner House, Court of Session

Legal Issues

  1. 1 Whether a relative temporarily present in Scotland at the testatrix's death qualifies as 'in Scotland' under the will's bequest
  2. 2 Proper construction of the phrase 'my relatives of like degree in Scotland living at the time of my death'

Ratio Decidendi

The phrase 'my relatives of like degree in Scotland living at the time of my death' in the codicil refers to relatives who were settled or ordinarily resident in Scotland at the time of the testatrix's death, not those merely present temporarily. Miss Annie Elmslie, whose home and ordinary residence was in Australia and who was only visiting Scotland, did not qualify.

Court Disposition

Appeal refused; interlocutor of the Sheriff affirmed.

Orders

  • Refuse the appeal.
  • Affirm the interlocutor of the Sheriff dated 3rd February 1905.