Pollok's Trustees v. Anderson [1902] ScotLR 39_324 (22 January 1902)

Pollok's Trustees v. Anderson [1902] ScotLR 39_324 (22 January 1902)

The property belonged to the testator at his death, subject to the contract of sale; the legatee was entitled to the property or its price, and the trustees were bound to pay the sale proceeds to the legatee, not as surrogatum but as the price of his property.

Citation
[1902] ScotLR 39_324
Parties
Applicant: Walter Whyte Pollok's Trustees; Respondent: John Anderson; Respondent: Residuary Legatees
Jurisdiction
Scotland
Judgment Date
22 January 1902
Procedural Posture
Special Case / Judgment
Outcome
judgment for respondent (John Anderson)
Legal Topics
Ademption, Special Legacy, Statutory Sale, Testamentary Disposition, Residuary Clause
Succession Trusts Property Law Ademption Special Legacy Statutory Sale Testamentary Disposition Residuary Clause

Case Brief

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Parties

Walter Whyte Pollok's Trustees

Applicant

John Anderson

Respondent

Residuary Legatees

Respondent

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether the property in question belonged to the testator at his death
  2. 2 Whether the special legacy was adeemed by the agreement to sell prior to death
  3. 3 Entitlement to the sale price of the property

Ratio Decidendi

The property belonged to the testator at his death, subject to the contract of sale; the legatee was entitled to the property or its price, and the trustees were bound to pay the sale proceeds to the legatee, not as surrogatum but as the price of his property.

Court Disposition

judgment for respondent (John Anderson)

Orders

  • Trustees to pay £1049, 6s., with accrued interest, to John Anderson