Macfarlane's Trs v Macfarlane [1910] ScotCS CSIH_1 (21 January 1910)

Macfarlane's Trs v Macfarlane [1910] ScotCS CSIH_1 (21 January 1910)

A specific legacy is not adeemed by the sale of the subject matter by a curator bonis unless the sale was necessary and unavoidable for the ward; a mere change in the form or denomination of shares does not constitute ademption if the substance of the bequest remains. The sale in this case was not necessary for the ward, so the legatees are entitled to the value of the shares as a surrogatum for the specific bequest.

Citation
[1910] ScotCS CSIH_1
Parties
Applicant: Macfarlane's Trustees; Respondent: Macfarlane (three sisters); Interested Party: Other legatees under the settlement
Jurisdiction
Scotland
Judgment Date
21 January 1910
Procedural Posture
Special Case (trust/succession) / Appellate
Outcome
Legacy not adeemed; legatees entitled to value of shares as surrogatum.
Legal Topics
Ademption of Legacy, Specific Bequest, Curator Bonis, Testamentary Succession
Succession Law Trusts and Estates Ademption of Legacy Specific Bequest Curator Bonis Testamentary Succession

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 3 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Macfarlane's Trustees

Applicant

Macfarlane (three sisters)

Respondent

Other legatees under the settlement

Interested Party

Procedural Posture

Special Case (trust/succession) / Appellate

Legal Issues

  1. 1 Whether a specific legacy of shares was adeemed by their sale by a curator bonis prior to the testator's death
  2. 2 Whether conversion of shares (change in nominal value and form) constitutes ademption

Ratio Decidendi

A specific legacy is not adeemed by the sale of the subject matter by a curator bonis unless the sale was necessary and unavoidable for the ward; a mere change in the form or denomination of shares does not constitute ademption if the substance of the bequest remains. The sale in this case was not necessary for the ward, so the legatees are entitled to the value of the shares as a surrogatum for the specific bequest.

Court Disposition

Legacy not adeemed; legatees entitled to value of shares as surrogatum.

Orders

  • Answer to the question of law in the negative: the legacy was not adeemed.
  • Second parties (three sisters) entitled to receive the value of the shares sold by the curator bonis.