This case was about the effect of a testator’s handwritten markings on his duly executed deed of settlement. David Simpson executed the deed in question, naming his cousin William Simpson of Pendreich as the general disponee. The deed also included a £3000 bequest to David’s uncle William Ferguson of Raith, which offset a bond that Ferguson owed to David. William Simpson predeceased David. When David died, it was discovered that he had marked on his deed of settlement, apparently intending to substitute Ferguson as the general disponee. Pursuers David and Agnes Kemp, the children of David’s late sister, were his heirs-at-law. Arguing that David’s markings invalidated the deed, they proceeded as if he had died intestate and brought an action against Ferguson for payment of the £3000 bond. Ferguson admitted that the pursuers were entitled to the residue of David’s estate, but he argued that David’s specific bequests—including the £3000 in his favor—remained valid. Therefore, in Ferguson’s view, his debt had been satisfied.
Documents in this case (8)
People involved
- David Kemp — Pursuer
- Agnes Kemp — Pursuer
- William Ferguson — Defender
- David Simpson — Named in case documents
- William Simpson — Named in case documents
- Andrew Simpson — Named in case documents
- Beatrix Berry — Named in case documents
- James Spence — Named in case documents
- Beatrix Simpson — Named in case documents
- Dr. John Kemp, Reverend — Named in case documents
- Robert Berry — Named in case documents
- Catharine Spiers — Named in case documents
- Alexander Spiers — Named in case documents
- James Berry — Named in case documents
- James Rutherfoord, W.S. — Named in case documents
- John Peers — Named in case documents
- Robert Ferguson, of Raith — Named in case documents
- Alex. Duncan, W.S. — Agent
- S. Clk. — Clerk
- Charles Hay, of Newton, Lord Newton — Advocate for Pursuer
- James Dundas, C.S. — Agent
- Charles Ross — Advocate for Defender
- Charles Hope, Lord Granton — Advocate for Pursuer
- Adam Gillies, of Kintrochat, Lord Gillies — Advocate for Defender
- Henry Erskine — Advocate for Defender
- William Robertson, Lord Robertson — Advocate for Pursuer
Places
This case was about the effect of a testator’s handwritten markings on his duly executed deed of settlement. David Simpson executed the deed in question, naming his cousin William Simpson of Pendreich as the general disponee. The deed also included a £3000 bequest to David’s uncle William Ferguson of Raith, which offset a bond that Ferguson owed to David. William Simpson predeceased David. When David died, it was discovered that he had marked on his deed of settlement, apparently intending to substitute Ferguson as the general disponee. Pursuers David and Agnes Kemp, the children of David’s late sister, were his heirs-at-law. Arguing that David’s markings invalidated the deed, they proceeded as if he had died intestate and brought an action against Ferguson for payment of the £3000 bond. Ferguson admitted that the pursuers were entitled to the residue of David’s estate, but he argued that David’s specific bequests—including the £3000 in his favor—remained valid. Therefore, in Ferguson’s view, his debt had been satisfied.
