Chisholm and Others v. Macrae and Another [1904] ScotLR 41_300 (20 November 1904)

A person who is nominated sole executor and intromitter under a settlement is disqualified from acting as notary in the execution of that settlement, and such execution is invalid.

Citation: [1904] ScotLR 41_300
Parties: Pursuers: Chisholm and Others; Defenders: Macrae and Another
Jurisdiction: Scotland
Judgment Date: 20 November 1904
Procedural Posture: Civil / Outer House, Court of Session, Judgment
Outcome: decree of reduction pronounced
Legal Topics: Validity of Will, Execution of Testament, Disqualification of Notary as Executor

Succession Law Wills and Probate Validity of Will Execution of Testament Disqualification of Notary as Executor

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 1 Authorities cited 1 Party arguments 2

Parties

Chisholm and Others

Pursuers

Macrae and Another

Defenders

Procedural Posture

Civil / Outer House, Court of Session, Judgment

Legal Issues

1 Whether a person nominated as sole executor and intromitter under a will can competently act as notary in the execution of that will.

Ratio Decidendi

A person who is nominated sole executor and intromitter under a settlement is disqualified from acting as notary in the execution of that settlement, and such execution is invalid.

Court Disposition

decree of reduction pronounced

Orders

Deed purporting to be the last will and testament of Farquhar Macrae reduced (set aside).