Crawford's Trustees v. Crawford's Trustees & Others [1908] ScotLR 87 (27 October 1908)

Crawford's Trustees v. Crawford's Trustees & Others [1908] ScotLR 87 (27 October 1908)

The mutual settlement did not unequivocally express contractual intent regarding the ultimate beneficiaries; the clause reserving power to revoke was not restrictive enough to exclude the survivor's right to revoke. Therefore, Mr Crawford was entitled to revoke the mutual settlement after his wife's death.

Citation
[1908] ScotLR 87
Parties
Pursuer: David H. Jack and others (Crawford's Trustees); Defender: David H. Jack and others (Crawford's Trustees under mutual settlement); Claimant/respondent: Mrs Annie Pearson or Black or Pearson, Miss Janet Crawford Black, Miss Elizabeth Bennett Black; Claimant/reclaimer: Rev. Dr M'Crie and others (United Free Church of Scotland)
Jurisdiction
Scotland
Judgment Date
27 October 1908
Procedural Posture
Multiplepoinding and Exoneration / Appeal/reclaiming Motion Before Inner House
Outcome
Lord Ordinary's interlocutor recalled; claim of United Free Church sustained; claim of Misses Black repelled.
Legal Topics
Mutual Settlement, Revocation of Testamentary Deeds, Contractual Nature of Wills
Succession Trusts Mutual Settlement Revocation of Testamentary Deeds Contractual Nature of Wills

Case Brief

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Parties

David H. Jack and others (Crawford's Trustees)

Pursuer

David H. Jack and others (Crawford's Trustees under mutual settlement)

Defender

Mrs Annie Pearson or Black or Pearson, Miss Janet Crawford Black, Miss Elizabeth Bennett Black

Claimant/respondent

Rev. Dr M'Crie and others (United Free Church of Scotland)

Claimant/reclaimer

Procedural Posture

Multiplepoinding and Exoneration / Appeal/reclaiming Motion Before Inner House

Legal Issues

  1. 1 Whether a surviving spouse can revoke a mutual trust-disposition and settlement after the death of the predeceasing spouse
  2. 2 Whether the mutual settlement was contractual and thus irrevocable as regards ultimate beneficiaries

Ratio Decidendi

The mutual settlement did not unequivocally express contractual intent regarding the ultimate beneficiaries; the clause reserving power to revoke was not restrictive enough to exclude the survivor's right to revoke. Therefore, Mr Crawford was entitled to revoke the mutual settlement after his wife's death.

Court Disposition

Lord Ordinary's interlocutor recalled; claim of United Free Church sustained; claim of Misses Black repelled.

Orders

  • The Court sustains the first alternative claim for the reclaimers (United Free Church).
  • The interlocutor of the Lord Ordinary is recalled.