Jack's Executor v. Downie [1908] ScotLR 545 (07 March 1908)

The will's direction to realise 'all my estate' demonstrates the testator's intention to include heritable property, thus conveying it to the executor and conferring the power of sale.

Citation: [1908] ScotLR 545
Parties: Applicant: Archibald Hunter (Jack's Executor); Respondent: Robert Downie
Jurisdiction: Scotland
Judgment Date: 07 March 1908
Procedural Posture: Special Case Stated / Judgment
Outcome: first and third questions answered in the affirmative; second question not answered
Legal Topics: Testamentary Disposition, Heritable Property, Executor's Powers, Interpretation of Wills

Succession Law Property Law Testamentary Disposition Heritable Property Executor's Powers Interpretation of Wills

Case Brief

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Parties

Archibald Hunter (Jack's Executor)

Applicant

Robert Downie

Respondent

Procedural Posture

Special Case Stated / Judgment

Legal Issues

1 Whether the will conveyed heritable property to the executor
2 Whether the executor had power to sell the heritable property

Ratio Decidendi

The will's direction to realise 'all my estate' demonstrates the testator's intention to include heritable property, thus conveying it to the executor and conferring the power of sale.

Court Disposition

first and third questions answered in the affirmative; second question not answered

Orders

Executor has title to the heritable property under the will
Executor has power to sell the heritable property