Simpson's Trustees v. Macharg & Son [1902] ScotLR 39_562 (31 January 1902)

Simpson's Trustees v. Macharg & Son [1902] ScotLR 39_562 (31 January 1902)

The trust-disposition and settlement, as a whole, including the handwritten codicil, is a deed partly written and partly printed/typewritten within the meaning of the statutes. Even if not, the statutory modifications have removed all objections to deeds wholly or partially not written by hand, including typewritten deeds. Therefore, the title tendered is valid and the trustees are entitled to decree.

Citation
[1902] ScotLR 39_562
Parties
Pursuer: Simpson's Trustees; Defender: Macharg & Son
Jurisdiction
Scotland
Judgment Date
31 January 1902
Procedural Posture
Civil / Outer House, Court of Session, Judgment
Outcome
Decree granted for the pursuers with expenses; defences repelled.
Legal Topics
Validity of Typewritten Deeds, Probative Character of Deeds, Title to Heritage, Statutory Interpretation
Property Law Succession Law Conveyancing Validity of Typewritten Deeds Probative Character of Deeds Title to Heritage Statutory Interpretation

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Parties

Simpson's Trustees

Pursuer

Macharg & Son

Defender

Procedural Posture

Civil / Outer House, Court of Session, Judgment

Legal Issues

  1. 1 Whether a wholly typewritten trust-disposition and settlement forms a valid and probative title to heritage under Scots law
  2. 2 Whether statutory requirements for deeds exclude typewritten instruments
  3. 3 Whether the presence of a handwritten codicil renders the deed partly written and partly printed/typewritten within the meaning of the relevant statutes

Ratio Decidendi

The trust-disposition and settlement, as a whole, including the handwritten codicil, is a deed partly written and partly printed/typewritten within the meaning of the statutes. Even if not, the statutory modifications have removed all objections to deeds wholly or partially not written by hand, including typewritten deeds. Therefore, the title tendered is valid and the trustees are entitled to decree.

Court Disposition

Decree granted for the pursuers with expenses; defences repelled.

Orders

  • Defenders ordained to implement the sale agreement by accepting the disposition and paying £5000 to the pursuers.
  • Expenses awarded to the pursuers.