A Scotsman left his money to a beneficiary which he called the National Society for the Prevention of Cruelty to Children.
Held: The House refused to accept that a gift to the ‘National Society for the Prevention of Cruelty to Children’ should go to the society of that name, which had its head office in Leicester Square. It relied upon the background facts that the testator was ‘a Scotsman living in Scotland’ who had made a ‘Scotch will’ to construe the will as intended to refer to the ‘Scottish National Society for the Prevention of Cruelty of Children’. There was not ‘a rigid rule’ that ‘once a persona is accurately named in a will’ there is not to be ‘any further inquiry or consideration in regard to the person who is to take the benefit.’ The true rule is that ‘the accurate use of a name in a will creates a strong presumption against any rival who is not the possessor of the name.’
Earl Loreburn said: ‘My Lords, I think the true ground upon which to base a decision in this case is that the accurate use of a name in a will creates a strong presumption against any rival who is not the possessor of the name mentioned in the will. It is a very strong presumption and one which cannot be overcome except in exceptional circumstances. I use as a convenient method of expressing one’s thought the term ‘presumption’. What I mean is that what a man has said ought to be acted upon unless it is clearly proved that he meant something different from what he said’.
Judges:
Earl Loreburn, Parmoor, Atkinson, Shaw LL
Citations:
[1915] AC 207
Jurisdiction:
Scotland
Cited by:
Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Cited – Satterthwaite, Re CA 26-Jan-1966
The testatrix, a wealthy widow had left nearly all her fortune to animal charities. The executors now sought directions, being unable to identify several charities from the names in the will.
Held: The terms of the will demonstrated an . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Charity
Updated: 04 July 2022; Ref: scu.185093
