Murdoch v. Brass and Others [1904] ScotLR 41_666 (25 June 1904)

Murdoch v. Brass and Others [1904] ScotLR 41_666 (25 June 1904)

A general bequest in a will that does not name or designate a legatee is void for uncertainty; the court cannot supply the identity of the legatee by inference or implication, and such omission is fatal to the validity of the bequest.

Citation
[1904] ScotLR 41_666
Parties
Pursuer/respondent: John Murdoch; Agent for Pursuer: Henry Bower, S. S. C.; Defender/reclaimer: John Brass; Defender's Counsel: R. S. Brown; Agents for Defenders: Patrick & James, S. S. C.
Jurisdiction
Scotland
Judgment Date
25 June 1904
Procedural Posture
Succession Dispute / Appeal (reclaiming Motion)
Outcome
action dismissed
Legal Topics
Uncertainty in Testamentary Disposition, Effect of Omission of Legatee, Construction of Holograph Wills
Succession Wills Uncertainty in Testamentary Disposition Effect of Omission of Legatee Construction of Holograph Wills

Case Brief

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Parties

John Murdoch

Pursuer/respondent

Henry Bower, S. S. C.

Agent for Pursuer

John Brass

Defender/reclaimer

R. S. Brown

Defender's Counsel

Patrick & James, S. S. C.

Agents for Defenders

Procedural Posture

Succession Dispute / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether a general bequest in a will without naming or designating a legatee is valid and effectual
  2. 2 Whether the court can supply the identity of the legatee by inference or implication

Ratio Decidendi

A general bequest in a will that does not name or designate a legatee is void for uncertainty; the court cannot supply the identity of the legatee by inference or implication, and such omission is fatal to the validity of the bequest.

Court Disposition

action dismissed

Orders

  • interlocutor recalled
  • first plea-in-law for pursuer repelled