Clark's Exr v Clark [1943] ScotCS CSIH_1 (02 February 1943)

Clark's Exr v Clark [1943] ScotCS CSIH_1 (02 February 1943)

Under Scots law, delivery of a testamentary deed does not render it irrevocable; the testator retains the right to revoke such a deed unless there is clear evidence of intention to the contrary. The general revocation clause in the subsequent will was interpreted to revoke all prior testamentary writings, including the specific bequest of the stamp collection.

Citation
[1943] ScotCS CSIH_1
Parties
Applicant: Clark's Executor; Respondent: Clark; Claimant: George Simpson MacKnight; Claimant: Miss Elizabeth Clark; Claimant: Pathological Club
Jurisdiction
Scotland
Judgment Date
02 February 1943
Procedural Posture
Succession Dispute / Appeal
Outcome
claim of George Simpson MacKnight repelled; bequest of stamp collection revoked
Legal Topics
Revocation of Testamentary Deeds, Effect of Delivery of Testamentary Documents, Interpretation of Revocation Clauses, Specific Legacies Versus General Dispositions
Succession Law Property Law Revocation of Testamentary Deeds Effect of Delivery of Testamentary Documents Interpretation of Revocation Clauses Specific Legacies Versus General Dispositions

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Parties

Clark's Executor

Applicant

Clark

Respondent

George Simpson MacKnight

Claimant

Miss Elizabeth Clark

Claimant

Pathological Club

Claimant

Procedural Posture

Succession Dispute / Appeal

Legal Issues

  1. 1 Whether delivery of a testamentary deed renders it irrevocable
  2. 2 Whether the bequest of the stamp collection was revoked by a subsequent will with a general revocation clause
  3. 3 Interpretation of 'will' and revocation clauses in testamentary documents

Ratio Decidendi

Under Scots law, delivery of a testamentary deed does not render it irrevocable; the testator retains the right to revoke such a deed unless there is clear evidence of intention to the contrary. The general revocation clause in the subsequent will was interpreted to revoke all prior testamentary writings, including the specific bequest of the stamp collection.

Court Disposition

claim of George Simpson MacKnight repelled; bequest of stamp collection revoked

Orders

  • Cause continued for further procedure
  • Interlocutor recalling Lord Ordinary's interlocutor pronounced