Gordon's Executor v Macqueen [1907] ScotCS CSIH_5 (11 January 1907)

Gordon's Executor v Macqueen [1907] ScotCS CSIH_5 (11 January 1907)

There was no evidence that the 1852 will was made when the testatrix was suffering from decay of memory or that it was one of the wills revoked by the holograph document. The holograph document did not constitute a valid testamentary disposition or an express revocation of the 1852 will. Therefore, the 1852 will remains operative.

Citation
[1907] ScotCS CSIH_5
Parties
Appellant: Gordon's Executor; Respondent: Macqueen
Jurisdiction
Scotland
Judgment Date
11 January 1907
Procedural Posture
Succession Dispute / Appeal
Outcome
appeal dismissed
Legal Topics
Revocation of Wills, Testamentary Capacity, Intestacy
Succession Law Wills and Probate Revocation of Wills Testamentary Capacity Intestacy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Gordon's Executor

Appellant

Macqueen

Respondent

Procedural Posture

Succession Dispute / Appeal

Legal Issues

  1. 1 Whether the holograph document operated as a revocation of the 1852 will
  2. 2 Whether the 1852 will was made when the testatrix was suffering from decay of memory
  3. 3 Whether the holograph document constituted a valid testamentary disposition

Ratio Decidendi

There was no evidence that the 1852 will was made when the testatrix was suffering from decay of memory or that it was one of the wills revoked by the holograph document. The holograph document did not constitute a valid testamentary disposition or an express revocation of the 1852 will. Therefore, the 1852 will remains operative.

Court Disposition

appeal dismissed

Orders

  • The 1852 will remains operative and regulates the succession.