A testator gave to R. K. £2000 and to “each of his brothers £1000,” and bequeathed the residue of his estate between Sir T. K. and R. B. Sir T. K. was the eldest brother of R. K., who was the third among eight:—
Held, reversing the decision of the Court below, that Sir T. K. was entitled to the legacy of £1000 as one of the brothers of R. K. in addition to half the residue.
Trustees were directed to sell heritable estates as soon after the testator's decease as practicable, and pay certain legacies. After a necessary litigation running over two years, the property was realised. On a question whether interest was payable from the testator's death, in accordance with the general rule in Scotland, or from the date of the sale:—
97Held, reversing the decision of the Court below, that interest was due on the legacies from the testator's death.