Reid's Trs v Dawson [1915] UKHL 4 (12 March 1915)

Reid's Trs v Dawson [1915] UKHL 4 (12 March 1915)

The bequest of £3000 is a demonstrative legacy, not limited to the proceeds of the life insurance fund; the trustees are obliged to pay the full sum, using the insurance fund as the primary source but resorting to the general estate if necessary.

Citation
[1915] UKHL 4
Parties
Appellant: Reid's Trustees; Respondent: Dawson
Jurisdiction
United Kingdom
Judgment Date
12 March 1915
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Construction of Testamentary Documents, Demonstrative Vs Specific Legacy, Trustee Obligations
Succession Law Trusts Property Law Construction of Testamentary Documents Demonstrative Vs Specific Legacy Trustee Obligations

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Parties

Reid's Trustees

Appellant

Dawson

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the bequest of £3000 in the testator's letter is a demonstrative or specific legacy
  2. 2 Whether the trustees are obliged to pay the capital sum of £3000 or only the proceeds of the life insurance fund

Ratio Decidendi

The bequest of £3000 is a demonstrative legacy, not limited to the proceeds of the life insurance fund; the trustees are obliged to pay the full sum, using the insurance fund as the primary source but resorting to the general estate if necessary.

Court Disposition

appeal allowed

Orders

  • Trustees are directed to pay the sum of £3000 to the legatee, using the life insurance fund as the primary source but supplementing from the general estate if necessary.