Appeal against an interlocutor recalling an interlocutor pronounced by the then Lord President giving the appellants certain legacies under the wills of each of two sisters, and the effect of its recall was to allow the estates of the two sisters to fall into intestacy. The wills of two unmarried sisters were identical but not mutual, each leaving her entire estate to the to her other sister and her only brother equally and the survivor of them. The brother had died before them, and the sisters died in a common accident. Each provided that, in the event of both her sister and brother predeceasing her, John Melville Clark, W.S., was to be appointed her trustee and executor for the purposes enumerated in her will. These purposes included the payment of certain bequests to the appellants. The appellants are the surviving legatees under the wills of each of the said sisters, each of whom bequeathed the same pecuniary legacies to the same legatees, and each of whom named the same residuary legatees for the same share of residue.
Held: The authorities set down only that: ‘. If one can find in the remainder of the document words which could give a secondary meaning to the critical clause, then it is possible to adopt that secondary meaning. If there is no such guidance, then one must give effect to clear words. In my view, ‘predecease’ means ‘die in the lifetime of’
Judges:
Lord Kilmuir LC
Citations:
1955 SLT 117, [1955] UKHL 6, 1955 SC (HL) 56
Links:
Jurisdiction:
Scotland
Wills and Probate
Updated: 22 July 2022; Ref: scu.279714