August 9, 1870
This suit, which came on for hearing yesterday, before Vice-Chancellor Wickens, at St. George’s hall, was instituted for the administration of the estate of the late John Orrell, an extensive brewer in Liverpool, and involved a question of some nicety with reference to property belonging to the testator situate in Scotland.
By his will the testator, after devising to his son Joseph Orrell som freehold warehouses in Liverpool, gave the residue of his property to trustees in trust for his three children, John Orrell, Joseph Orrell, and Mrs. Ellams. The testator’s will was not executed in accordance with the law of Scotland, so as to pass real estate in that part of the United Kingdom; consequently as to that part of the testator’s estate there was an intestacy, and Mr. John Orrell being his heir-at-law, the Scotch property descended to him.
The question raised on the hearing was whether there was such evidence upon the face of the testator’s will as to show that he intended to pass his Scotch property, in which case the heir-at-law would have been put to his election whether he would take this property which descended to him as heir-at-law without sharing in the rest of the testator’s estate, or let it form part of the general estate, of which he took one-third.
Mr. John Orrell submitted the question to the court. Mr. H.M. Jackson and Mr. Yate Lee, instructed by Mr. J. Townsend, appeared for the plaintiff, Mr. Joseph Orrell; Mr. North and Mr. Bardswell, instructed by Messrs. Tyrer, Smith and Kenion, for Mr. John Orrell; and Mr. O.L. Clare, also instructed by Messrs. Tyrer, Smith and Kenion, for Mr. John Ellams, one of the trustees.
The Vice-Chancellor, after hearing counsel for Mr. Joseph Orrell and Mr. Ellams, said that as the testator had resided in Scotland he must have known what was required by law to pass real estate there, and that there was nothing upon the face of the will which, in his (the Vice-Chancellor’s) opinion, at all put the heir-at-law to his election.
(Source: Liverpool Courier: August 10, 1870)