Hendry’s Trustees v Hendry, (1872) 10 M 432

Citation: Hendry’s Trustees v Hendry, (1872) 10 M 432

Link to case on WorldLII (reference).

Rule of thumb: If a person was in a will and then they die, does this pass onto the deceased person’s children? Yes, the deceased person is replaced in the will by their children.

Judgment:

- The Court in this affirmed the ‘primary destination prolonged’ principle - that a person’s immediate children or more distant relatives are deemed to the deceased person ‘prolonged’, and effectively a continuation of the deceased person after death, ‘The devolution on (children and issue) is not a destination over in any sense. It is just the primary destination prolonged...’ Lord Kinloch at 437

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.