M'Kie's Trustees v. M'Kie

Subject_1 Succession Subject_2 Testament Subject_3 Revocation Subject_4 Conditio si testator sine liberis decesserit. Facts: A testator sixteen months after his marriage executed a testament by which he bequeathed his whole estate to his wife. Five years subsequently a child was born, whose birth her father survived for fourteen and a half months. The child would have been entitled to £3680 out of her father's estate by way of legitim, the total estate amounting to £14,046

Held that these circumstances were not sufficient to rebut the presumption that the testament was revoked by the birth of the child.

Mrs M'Kie as guardian of her child presented a petition for the appointment of a factor loco tutoris to her, and Mr William Crawford, Duns, was appointed.

A Special Case was presented to the Court by (1st) Mr Crawford, and (2nd) Mrs M'Kie, for the purpose of determining what share of her father's estate Angela M'Kie was entitled to.

The first party contended that the birth of a child subsequent to the date of the disposition revoked it, and that consequently Mr M'Kie died intestate, while the second party contended that it had not that effect, and that consequently she was entitled to the whole estate less her child's claim for legitim.