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David Rennie and others, the testamentary trustees of Miss Rebecca Edgar, Glasgow, who died on 28th January 1893, first parties , and Mrs Isabella Thom Kirsopp or Cassells and others, the surviving nephews and nieces and the issue, so far as known, of any who had died, being the next-of-kin and others entitled to succeed to the estate of the testatrix in the event of the estate having fallen into intestacy, second parties , presented a Special Case for the opinion and judgment of the Court.
The question of law was—“Is the bequest of the residue and remainder of the estate a valid bequest?”
Argued for the first parties—Read conjunctively, the bequest was good. The word “and” showed that the testatrix meant that the money should go to institutions having all three characteristics— Cobb v. Cobb's Trustees , 1894, 21 R. 638, 31 S.L.R. 506 ; Page: 305 ↓
Lord Salvesen —This Special Case raises a point of difficulty in the construction of the will of the late Miss Rebecca Edgar. In an event which has now happened she Page: 306 ↓
On the whole matter I have come to the same conclusion as your Lordship in the chair, as I think it is our duty rather to support a bequest of this nature than to find reasons for throwing the estate into intestacy.
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