Gray's Trustees v. Wilson [1900] ScotLR 38_56 (07 November 1900)

Gray's Trustees v. Wilson [1900] ScotLR 38_56 (07 November 1900)

The codicil, being written in the testator's hand and inserted between the end of the will and his signature, is authenticated by that signature and is therefore valid and effectual as part of the testamentary writings. The marginal note, being unsigned and not forming part of the deed, is not valid.

Citation
[1900] ScotLR 38_56
Parties
Applicant: Gray's Trustees; Applicant: Mrs Agnes Wilson; Respondent: Mrs Robert Dow; Respondent: Directors of the Dundee Institution for the Education of the Deaf and Dumb
Jurisdiction
Scotland
Judgment Date
07 November 1900
Procedural Posture
Special Case (testamentary Validity) / Judgment
Outcome
Partly allowed; codicil upheld, marginal note rejected.
Legal Topics
Testamentary Formalities, Authentication of Codicils, Holograph Wills, Effect of Unsigned Additions
Succession Law Wills and Probate Testamentary Formalities Authentication of Codicils Holograph Wills Effect of Unsigned Additions

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Parties

Gray's Trustees

Applicant

Mrs Agnes Wilson

Applicant

Mrs Robert Dow

Respondent

Directors of the Dundee Institution for the Education of the Deaf and Dumb

Respondent

Procedural Posture

Special Case (testamentary Validity) / Judgment

Legal Issues

  1. 1 Whether a holograph addition (codicil) in red ink, inserted between the end of a will and the testator's signature, is valid and effectual as part of the testamentary writings despite not being separately signed.
  2. 2 Whether a marginal holograph note in red ink, unsigned, is valid as part of the will.

Ratio Decidendi

The codicil, being written in the testator's hand and inserted between the end of the will and his signature, is authenticated by that signature and is therefore valid and effectual as part of the testamentary writings. The marginal note, being unsigned and not forming part of the deed, is not valid.

Court Disposition

Partly allowed; codicil upheld, marginal note rejected.

Orders

  • The red ink addition on the margin of the will is not a valid and effectual addition.
  • The holograph red ink addition at the end of the will, beginning 'codicil', is a valid and effectual part of the testamentary writings.