Succession – Legacy – Residue – Cumulative Bequest.
Interest – Payable from Death of Testator.
Terms of a deed held ( rev. judgment of Court of Session) insufficient to take a case out of the general rule that a legacy and bequest of residue are cumulative.
Terms of a deed held ( rev. judgment of Court of Session) not to imply any postponement of payment so as to defeat the right of legatees to claim interest from the date of the testator’s death.
A testator having written on the margin of a holograph letter of instructions the words ‘all free of legacy-duty,’ held ( rev. judgment of Court of Session) that the application of these words could not be limited to the legacies opposite to which they were written, but must extend to all the legacies.
Judges:
Lord Chancellor (Cairns), Lord O’Hagan, and Lord Selborne
Citations:
[1879] UKHL 315, 16 SLR 315
Links:
Jurisdiction:
Scotland
Wills and Probate
Updated: 04 July 2022; Ref: scu.637969
