Stewart v Maclaren and Another: HL 18 Jun 1920

A testatrix left a will and three codicils. The third codicil, which was notarially executed, repeated the provisions of the second codicil with the exception of one, and expressly confirmed the testament and first, but not the second, codicil. The provision omitted to be repeated was the appointment as trustee of a law agent, the son of the notary. Trusteeship carried a legacy of pounds 500. The subscription to the second codicil was very illegible.
Held (aff. judgment of the First Division) that the second codicil was not revoked.

Judges:

Viscount Haldane, Viscount Finlay, Viscount Cave, Lord Dunedin, and Lord Shaw

Citations:

[1920] UKHL 531, 57 SLR 531

Links:

Bailii

Jurisdiction:

Scotland

Wills and Probate

Updated: 20 November 2022; Ref: scu.631536