A testator directed-‘Recognising as I do the necessity, in the event of my death, of making some provision for Miss Christina Dawson and her son Robert, I hereby instruct you to pay to her on the first of each month after my death the sum of twelve pounds ten shillings, being at the rate of pounds 150 a-year. But in lieu of this I would prefer that as soon as you conveniently can that the sum of pounds 3000, say three thousand pounds, should be taken from my life insurance funds and paid over to her through her law adviser Mr Maitland, or her brother Mr William Dawson, London, the latter of whom I wish to nominate trustee for same if he will accept. I trust this arrangement can be carried out without any friction. I had hoped to make this bequest from another source, but have found it impracticable.’
Held (1) that the bequest was of the capital sum, to be paid as soon as conveniently could be, the word ‘prefer’ conferring no discretion on the trustees, and (2) that it was of the full amount of pounds 3000, the reference to the insurance fund being only demonstrative and not taxative.
Judges:
Earl Loreburn, Lord Kinnear, Lord Dunedin, Lord Atkinson, Lord Parker, and Lord Sumner
Citations:
[1915] UKHL 4, 1915 SC (HL) 47, 1915 1 SLT 291, [1915] UKHL 544, 52 SLR 544
Links:
Jurisdiction:
Scotland
Wills and Probate
Updated: 26 April 2022; Ref: scu.620678