Cobban's Exrs v Cobban [1914] ScotCS CSIH_8 (13 November 1914)

Cobban's Exrs v Cobban [1914] ScotCS CSIH_8 (13 November 1914)

The residue is to be divided per capita among Peter Cobban, his eligible children (excluding John and Alexander), George Cobban, and his children, as joint beneficiaries forming one class. The bequest of £100 and endowment policies to Alexander Cobban was a specific legacy, which was adeemed by repayment of the debt and thus does not subsist as a legacy from the estate.

Citation
[1914] ScotCS CSIH_8
Parties
Applicant: Cobban's Executors; Respondent: Cobban
Jurisdiction
Scotland
Judgment Date
13 November 1914
Procedural Posture
Succession Dispute / Appellate
Outcome
Appeal dismissed; questions answered in favour of per capita division and ademption of the specific legacy.
Legal Topics
Construction of Wills, Residuary Bequest, Per Capita Vs Per Stirpes Division, Ademption of Legacy
Succession Law Wills and Estates Construction of Wills Residuary Bequest Per Capita Vs Per Stirpes Division Ademption of Legacy

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Parties

Cobban's Executors

Applicant

Cobban

Respondent

Procedural Posture

Succession Dispute / Appellate

Legal Issues

  1. 1 Whether the residue is divisible among the brothers and all their children (excluding two nephews) or only between the brothers
  2. 2 Whether the division of residue is per stirpes or per capita
  3. 3 Whether the bequest of £100 and endowment policies to Alexander Cobban subsists as a legacy after repayment of the debt

Ratio Decidendi

The residue is to be divided per capita among Peter Cobban, his eligible children (excluding John and Alexander), George Cobban, and his children, as joint beneficiaries forming one class. The bequest of £100 and endowment policies to Alexander Cobban was a specific legacy, which was adeemed by repayment of the debt and thus does not subsist as a legacy from the estate.

Court Disposition

Appeal dismissed; questions answered in favour of per capita division and ademption of the specific legacy.

Orders

  • Residue to be divided per capita among Peter Cobban, his eligible children (excluding John and Alexander), George Cobban, and his children.
  • Bequest of £100 and endowment policies to Alexander Cobban held to be adeemed and not payable from the estate.