Macleod v. Wilson [1903] ScotLR 41_130 (15 December 1903)

The deed was a testamentary settlement, and the destination to the daughter 'and her heirs and assignees whomsoever' constituted a conditional institution; the daughter's heirs were entitled to take under the deed, and the gift was not conditional on the daughter surviving or leaving issue.

Citation: [1903] ScotLR 41_130
Parties: Pursuer: Mrs Elizabeth Mackie or Macleod and another; Defender: Mrs Sarah Agnes Isbister or Wilson and others
Jurisdiction: Scotland
Judgment Date: 15 December 1903
Procedural Posture: Succession Dispute / Appeal (reclaiming Motion)
Outcome: action dismissed; interlocutor recalled; fourth plea-in-law for defenders sustained
Legal Topics: Conditional Institution, Testamentary Disposition, Intestacy, Interpretation of Wills

Succession Testamentary Law Conditional Institution Testamentary Disposition Intestacy Interpretation of Wills

Case Brief

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Parties

Mrs Elizabeth Mackie or Macleod and another

Pursuer

Mrs Sarah Agnes Isbister or Wilson and others

Defender

Procedural Posture

Succession Dispute / Appeal (reclaiming Motion)

Legal Issues

1 Whether the disposition and settlement was testamentary or a bond of provision
2 Whether the gift to the daughter was conditional on her surviving or leaving issue
3 Interpretation of 'heirs and assignees whomsoever' in the deed

Ratio Decidendi

Court Disposition

action dismissed; interlocutor recalled; fourth plea-in-law for defenders sustained

Orders

Defenders assoilzied (absolved)
Action dismissed