Maclean v. Maclean [1908] ScotLR 672 (23 May 1908)

The legacy was a special legacy of a specific sum of £300 which was in the pursuer's hands at the date of the will; when the sum was repaid to the testatrix and merged with her general estate, the subject of the bequest ceased to exist, and the legacy was adeemed.

Citation: [1908] ScotLR 672
Parties: Pursuer/respondent: Alexander MacLean; Defender/reclaimer: Flora MacLean
Jurisdiction: Scotland
Judgment Date: 23 May 1908
Procedural Posture: Succession Dispute / Appeal (reclaiming Note) in the Inner House, Second Division
Outcome: Appeal allowed; Lord Ordinary's finding that the legacy was not adeemed recalled; legacy held to be adeemed.
Legal Topics: Special Legacy, Ademption, Will Interpretation

Succession Law Special Legacy Ademption Will Interpretation

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Alexander MacLean

Pursuer/respondent

Flora MacLean

Defender/reclaimer

Procedural Posture

Succession Dispute / Appeal (reclaiming Note) in the Inner House, Second Division

Legal Issues

1 Whether the £300 legacy to the pursuer was a special (specific) legacy or a general legacy
2 Whether the legacy was adeemed when the sum was repaid to the testatrix and merged with her general estate

Ratio Decidendi

Court Disposition

Appeal allowed; Lord Ordinary's finding that the legacy was not adeemed recalled; legacy held to be adeemed.

Orders

Lord Ordinary's interlocutor recalled insofar as it found the legacy not adeemed
Fifth plea-in-law for the defender sustained