Waddell's Trustees v. Waddell

Subject_1 Succession Subject_2 Conditio si sine liberis Subject_3 Bequest to Nephew. Facts: Where a bequest is made by an uncle, without children of his own, to a nephew, the conditio si sine liberis decesserit applies, unless it appears from the will itself that the motive of the bequest was personal favour to the legatee rather than relationship.

A testator directed his trustees to pay to his sister the sum of £6000, to the “son of my late brother £5000,” and to “the only surviving daughter of my said brother £5000.” These three legatees were the only surviving near relations of the testator. In the same clause there were legacies ranging from £500 to £4000 bequeathed by the testator to distant relations, strangers in blood, and charities, the legacies amounting in all to £40,000. The residue of his estate was bequeathed to charities.

Held (dub . Lord Adam) that the conditio si sine liberis applied to the bequest to the testator's nephew.

By the fourth purpose the trustees were ordered to deliver a certain picture to William Wood Waddell.

The fifth purpose provided—“That my trustees shall pay and deliver all such legacies, gifts, or provisions, and implement all such instructions as shall be contained in any codicil or any memorandum or writing by me clearly expressive of my will, though not formally executed, declaring that the same, whether formal or informal, shall be held and taken to be part and parcel of these presents.”