Crow v. Cathro [1903] ScotLR 40_687 (18 June 1903)

Crow v. Cathro [1903] ScotLR 40_687 (18 June 1903)

The will of David Crow was revoked in its entirety by the subsequent birth and legitimation of his child, as required by Scots law, and there was no evidence that the testator intended the will or any part of it to stand after these events. The promise to the first wife did not create a legally enforceable trust or obligation in favour of Mrs Cathro.

Citation
[1903] ScotLR 40_687
Parties
Pursuer: Mrs Jeanette Smith or Crow; Pursuer: David Smith Crow (minor, represented by Mrs Jeanette Smith or Crow); Defender: Trustees and executors under the trust-disposition and settlement of David Crow; Defender: Mrs Alison Thomson or Cathro
Jurisdiction
Scotland
Judgment Date
18 June 1903
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
appeal allowed; Lord Ordinary's interlocutor recalled; will held revoked in toto; intestacy declared
Legal Topics
Revocation of Wills, Implied Revocation, Conditio Si Testator Sine Liberis Decesserit, Testamentary Promises, Intestacy
Succession Law Trusts and Estates Revocation of Wills Implied Revocation Conditio Si Testator Sine Liberis Decesserit Testamentary Promises 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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mrs Jeanette Smith or Crow

Pursuer

David Smith Crow (minor, represented by Mrs Jeanette Smith or Crow)

Pursuer

Trustees and executors under the trust-disposition and settlement of David Crow

Defender

Mrs Alison Thomson or Cathro

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether the birth and legitimation of a child after execution of a will revokes the will in whole or in part under Scots law
  2. 2 Whether a deathbed promise by the testator to provide for a third party creates a legally enforceable trust or obligation

Ratio Decidendi

The will of David Crow was revoked in its entirety by the subsequent birth and legitimation of his child, as required by Scots law, and there was no evidence that the testator intended the will or any part of it to stand after these events. The promise to the first wife did not create a legally enforceable trust or obligation in favour of Mrs Cathro.

Court Disposition

appeal allowed; Lord Ordinary's interlocutor recalled; will held revoked in toto; intestacy declared

Orders

  • The trust-disposition and settlement and codicils of David Crow are declared inoperative due to the birth and legitimation of his child.
  • The estate devolves upon the pursuers as heirs ab intestato.