Currie's Trustees v. Currie [1904] ScotLR 42_297 (24 December 1904)

Currie's Trustees v. Currie [1904] ScotLR 42_297 (24 December 1904)

Alterations and deletions on a will or related note, unless authenticated or clearly expressing a final intention, are merely deliberative and have no legal effect. The original will stands as valid and effectual.

Citation
[1904] ScotLR 42_297
Parties
Applicant: Currie's Trustees; Respondent: Currie; Interested Party: First Party; Interested Party: Second Party; Interested Party: Third Party; Interested Party: Fourth Party; Interested Party: Fifth Party
Jurisdiction
Scotland
Judgment Date
24 December 1904
Procedural Posture
Special Case (succession/will) / Judgment (inner House, Second Division)
Outcome
The trust-disposition and settlement is valid and effectual; the deletions and alterations are not to receive effect.
Legal Topics
Validity of Will, Effect of Unauthenticated Alterations, Testamentary Intention
Succession Wills and Probate Validity of Will Effect of Unauthenticated Alterations Testamentary Intention

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Parties

Currie's Trustees

Applicant

Currie

Respondent

First Party

Interested Party

Second Party

Interested Party

Third Party

Interested Party

Fourth Party

Interested Party

Fifth Party

Interested Party

Procedural Posture

Special Case (succession/will) / Judgment (inner House, Second Division)

Legal Issues

  1. 1 Is the trust-disposition and settlement valid and effectual?
  2. 2 Do the deletions and alterations on the trust-disposition and settlement, or any and which of them, fall to receive effect in construing the testamentary writings?

Ratio Decidendi

Alterations and deletions on a will or related note, unless authenticated or clearly expressing a final intention, are merely deliberative and have no legal effect. The original will stands as valid and effectual.

Court Disposition

The trust-disposition and settlement is valid and effectual; the deletions and alterations are not to receive effect.

Orders

  • First question of law answered in the affirmative: the trust-disposition and settlement is valid and effectual.
  • Second question of law answered in the negative: the deletions and alterations are not to receive effect.