Denholm's Trustees v. Denholm [1907] ScotLR 32 (29 October 1907)

Denholm's Trustees v. Denholm [1907] ScotLR 32 (29 October 1907)

The term 'carriages' in the will is sufficiently elastic to include motor cars, and the testator's intention was for his widow to have the means of locomotion he possessed at death. The bequest was not adeemed, and motor cars fall within the bequest.

Citation
[1907] ScotLR 32
Parties
First Party: Denholm's Trustees; Second Party: Mrs Denholm (Kate Gillies or Denholm); Third Party: Residuary Legatees (Thomas, Janet, children of Elizabeth)
Jurisdiction
Scotland
Judgment Date
29 October 1907
Procedural Posture
Special Case / Final Judgment
Outcome
first question answered in the affirmative, second in the negative; motor cars included in bequest to widow
Legal Topics
Construction of Wills, Interpretation of Bequests, Ademption, Definition of 'carriages'
Succession Wills Construction of Wills Interpretation of Bequests Ademption Definition of 'carriages'

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Parties

Denholm's Trustees

First Party

Mrs Denholm (Kate Gillies or Denholm)

Second Party

Residuary Legatees (Thomas, Janet, children of Elizabeth)

Third Party

Procedural Posture

Special Case / Final Judgment

Legal Issues

  1. 1 Does the bequest of 'horses and carriages' include motor cars?
  2. 2 Is the bequest adeemed by change in the nature of the property?

Ratio Decidendi

The term 'carriages' in the will is sufficiently elastic to include motor cars, and the testator's intention was for his widow to have the means of locomotion he possessed at death. The bequest was not adeemed, and motor cars fall within the bequest.

Court Disposition

first question answered in the affirmative, second in the negative; motor cars included in bequest to widow

Orders

  • Motor cars to be delivered to Mrs Denholm under the fourth purpose of the trust-disposition and settlement