A Scotsman, resident in Scotland, by a Scots testament left a number of legacies to Scotch charities. He also left a legacy to ‘The National Society for the Prevention of Cruelty to Children.’ This legacy was claimed by a society having its headquarters in London. It was also claimed by a Scotch society whose correct designation was ‘The Scottish National Society for the Prevention of Cruelty to Children,’ on averment that it was the society the testator meant. This it endeavoured to establish by inference from the testator’s domicile, his other bequests, his knowledge of the society.
Held (rev. judgment of the Second Division) that in the absence of clear proof of a contrary intention the accurate designation of the London society must be given effect to, and that society preferred.
Judges:
Earl Loreburn, Lords Dunedin, Atkinson, Shaw, and Parmoor
Citations:
[1914] UKHL 725, 51 SLR 725
Links:
Jurisdiction:
Scotland
Wills and Probate
Updated: 26 April 2022; Ref: scu.620727