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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Special Case - Bruce's Trustees v. Bruce [1875] ScotLR 12_485 (8 June 1875) URL: http://www.bailii.org/scot/cases/ScotCS/1875/12SLR0485.html Cite as: [1875] SLR 12_485, [1875] ScotLR 12_485 |
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Page: 485↓
By a holograph codicil a testator bequeathed to his son “all the Gas Companies shares that were lately bought by me from Mrs T. Bruce's Trustees for £300.” There were no Gas Company's shares purchased by the testator for £300; but he had, about six months before the date of the codicil, purchased from Mrs Bruce's Trustees, as one transaction, shares in various gas companies for £798, and some shares in a steelyard for £2. Held that the words “for £300” must be taken as a mere falsa demonstratio, and were not intended to be taxative of the bequest, and consequently that the legatee was entitled to the whole gas shares purchased by the testator from Mrs Bruce's Trustees.
This Special Case was raised by the Trustees of the late Col. Tyndall Bruce, of the first part, and Andrew Hamilton Tyndall Bruce, of the other part, to determine whether the said party of the second part was entitled to all or any of certain shares in virtue of a bequest by the party of the first part.
The material facts were—Lieutenant-Col. Bruce died on 6th July 1874, aged 85. In November 1873 he purchased from Mrs Tyndall Bruce's Trustees certain shares in local companies, chiefly gas companies, at the prices stated in the second article of the case:—
1. 234 shares of the Falkland Gas Company, at the price of
£468
0
0
2. 4 shares of the Falkland Steelyard, at the price of
2
0
0
Carried Forward,
£470
0
0
Brought forward,
£470
0
0
3. 25 shares of the Strathmiglo Gas Company, at the price of
50
0
0
4. 80 shares of the Auchtermuchty Gas Company, at the price of
160
0
0
5. 60 shares of the Dunshalt Gas Company, at the price of
120
0
0
In all
£800
0
0
There were no gas company shares purchased by Col. Bruce for the price of £300. By a codicil to his settlement, quoted in the fourth article of the case, Col. Bruce, after leaving to his eldest son the whole stocking on the home farm of Falkland, went on “as also all the gas company shares that were lately bought by me from Mrs T. Bruce's Trustees for £300.” The questions put to the Court were—“Is the said Andrew Hamilton Tyndall Bruce entitled, in virtue of the bequest quoted in the fourth article hereof, to all or any of the shares mentioned in the second article hereof; or is the legacy above mentioned void from uncertainty?
Cases cited— Oxenden, 3 Taunt. 147; Stone, see Wigram, 27; Miller, 8 Bing. 244; Morrell, 4 Exch. R. 604; Donald's Trustees, 2 Macph. 922 Taylor on Evidence, 2, 1104, 1108; Dickson, 1, §§ 208, 211; Broun's Legal Maxims, 629, 643.
At advising—
The other Judges concurred.
The Court answered the question to the effect that the said A. H. Bruce was entitled to all the shares mentioned so far as they were gas shares.
Counsel for Colonel Bruce's Trustees— Moncreiff and Watson. Agents— M'Ewan & Carment, W.S.
Counsel for Mr Bruce— Lee and Low. Agents— W. & J. Cook, W.S.
