Fulton and others v Muir

Succession law – Legacy – Testator's informal writing – Construction. Court of Session: In an action in which the issue was whether an informal writing left by a testator, in addition to a formal will and two codicils, which purported to bequeath a legacy of £75,000 to her sister-in-law, required be given effect, the court held that the disputed writing qualified as a valid testamentary direction and it had not been impliedly revoked by the second codicil, however the bequest only became payable on condition that the testator survived her husband and since she died before him the condition had not been (and could never be) purified and the bequest was not, therefore, payable.

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