Legal Subject: Trustees

Case Date Legal Subject Abstract
Messrs Peters, Bogle, and Marshall, arresting Creditors of James Dunlop, late Merchant in Glasgow v. Messrs Speirs, Blackburn, and Syme, Trustees of said James Dunlop 1770 Trustees, Debt, Bankruptcy, Arrestment, Possession, Deed Pursuers Thomas Peter, William Bogle, and Robert Marshall were creditors of James Dunlop, merchant of Glasgow. Defenders Speirs, Blackburn, and Andrew Syme were Dunlop's trustees. Shortly after granting trust-rights to Speirs, Blackburn, and Syme, Dunlop went bankrupt. The pursuers refused to bind themselves to Dunlop's trust, preferring instead the ordinary remedies of law to collect their debts. The pursuers arrested quantities of tobacco and hogshead staves from Dunlop's ship, en route from Virginia to Port Glasgow. At issue in this case was the validity of the trust-deed granted by James Dunlop, and the effects of it. According to the pursuers' interpretation of The Bankrupt Act of 1696 the deed was void and ineffectual because it was granted in a foreign country. The trustees argued that the deed was effectual and a valid title in their favor.
Alexander Fyffe v. James John Fraser 1832 Debt, Aliment, Arrestment, Succession, Trust, Trustees Dr Alexander Fyffe, surgeon in Haddington and pursuer, presented a reclaiming note asking the Court to alter the interlocutor and remit the bill for suspension and interdict in his case against James John Fraser, defender. Based on the single document cataloged for this case.
Campbell v. Monboddo's Interlocuter 1793 Succession, Debt, Aliment, Reversion, Entail, Trustees James Campbell petitioned against Lord Monboddo's interlocutor, asking the Court to alter the ruling that the reversion of the estate's sale price must be laid out upon lands. Based on the single document cataloged for this case.
Chalmers v. Lord Stonefield's Interlocutor 1798 Debt, Arrestment, Creditor, Trustees, Expenses, Tack Thomas Chalmers petitioned the Court to overturn an interlocutor issued by Lord Stonefield. Based on the single document cataloged for this case.
Countess of Loudon, and Others v. The Trustees on the High Roads in Ayrshire 1792 Jurisdiction, Trustees, Appeal, Sequestration, Act of Parliament, Adjudication The Countess of Loudoun and others pursued the Trustees on the High Roads in Ayrshire regarding the proposed suppression of the road by Crawfordland-bridge, while the Trustees and associated justices of the peace defended the road's continued operation. The Trustees initially challenged the Court's jurisdiction to review their proceedings, then argued in subsequent pleadings that the road served public convenience and must be kept open. The parties exchanged answers, replies, and duplies contesting both the Court's authority to intervene and whether the road should remain open or be suppressed.
Craig v. Anderson 1776 Trustees, Debt, Sequestration, Trustee, Inhibition, Oath Joseph Heatly was an engineer who became insolvent before he could complete a projected coal-work outside of Glasgow. His estate being sequestered. His trustees put Heatly's funds and their own private capital into completing this coal work, projecting that the profits from the venture would more than pay back Heatly's debts and the expenses of its founding. John Anderson, one of Heatly's creditors, believed the trustees had neither the background nor the aptitude to manage a coal-work, and did not expect that this undertaking would result in him receiving the debt owed to him. He brought a summons and executed an inhibition against the trustees. In response the trustees petitioned the Court to have this inhibition suspended. Lord Kennet granted a sist (judicial stay) on the inhibition, "till the bill and answers should be advised." Because of this sist the inhibition was not recorded or executed within forty days, but the trustees feared that Anderson would file another one. They petitioned the Court to rule that Anderson could not execute an inhibition against the trustees of Heatly's estate. The Court dismissed this petition.
Crawfurd's Trustees v. Hart's Relict 1801 Aliment, Succession, Trustees, Marriage, Adjudication, Trust This case determined whether Janet Hart could claim the legal entitlements available to a widow. Hart cohabited with the decedent, William Crawford, for thirty years and produced children with him. However, the couple declared their marriage just 10 months before Crawford’s death. Under Scots law, this raised the question whether Hart was entitled to the jus relictae—a widow’s right in the movable estate of her deceased spouse.
Creditors of Currie v. Geddes 1793 Debt, Creditor, Prescription, Bill of Exchange, Trustee, Trustees The creditors of Currie, represented by their common agent in the sale and ranking of the Estate of Newlaw, petitioned the Court to alter Lord Swinton’s interlocutor. The respondents contested the creditors’ attempt to rank debts against Currie’s estate, citing partial payments and post-prescription markings as evidence of debt continuity.
Creditors of Sir James Carnegie v. David Carnegie 1780 Rent, Lease, Sequestration, Possession, Trustees, Tack Sir David Carnegie petitioned the Court to alter its recent interlocutor in the action brought by the creditors of Sir James Carnegie against him. Based on the single document cataloged for this case.
Drummonds v. Seton, et al 1794 Bankruptcy, Debt, Liferent, Creditor, Trustees, Sequestration Robert and Henry Drummonds, creditors of Hugh Seton, disputed with Archibald Seton, Hugh’s heir-male, over whether the liferent of a dividend from Hugh’s insolvent estate belonged to the creditors at large or to Archibald as heir. The Drummonds argued that Archibald could not rank for dividend until the full £8000 marriage provision was paid, or that he could be ranked for no more than the value of his father’s liferent-right as a debt in diem, while Archibald petitioned to reclaim the dividend, contending that trustees had to be satisfied from the marriage contract debt before creditors could claim the liferent. Robert Blair separately petitioned the Court to alter its interlocutor, and the parties further disputed whether Hugh’s liferent right was vested and unconditional or conditional upon payment of the marriage provision.
Eliott v. Lord Justice Clerk's Interlocutor 1797 Trustees, Debt, Succession, Hypothec, Election contest, Action Sir William Eliott petitioned to reclaim an interlocutor of the Lord Justice Clerk denying his claim to £50:10s. paid to the writer Thomas Tod, arguing that the account was not prescribed and fell outside the scope of triennial prescription. Based on the single document cataloged for this case.
Elizabeth Wallace v. William Gordon and Others 1766 Succession, Deed, Executor, Debt, Aliment, Trustees Janet Buchanan executed a settlement that made her niece Grizel Gordon the residuary beneficiary of her estate. The settlement provided that if Grizel died before marrying, the substitute beneficiary would be Elizabeth Wallace, Buchanan’s first cousin once removed. Buchanan died in 1762, and Grizel took possession of her effects, including a bond granted by Robert Dundas, Lord President of the Court of Session, for £200 Sterling. In 1763, Grizel discharged the £200 bond and lent the same amount to Charles Dundas, Robert’s brother; for the second loan, Charles and Robert gave their joint bond. After Grizel died, a dispute arose between Elizabeth Wallace and Grizel’s half-siblings, children of Robert Gordon, over who should succeed to the estate. The Gordon siblings claimed that language in the second bond, making it payable to Grizel, “her heirs, executors, and assignees,” altered the substitution in their favor. According to marginalia on the case documents, the court preferred Elizabeth Wallace.
General Greme's Trustees v. Thomas Bruce 1799 Aliment, Thirlage, Trustees, Arbitration, Succession, Sale Thomas Bruce pursued General Greme's Trustees to void his purchase of the Braco estate, alleging the trustees had concealed a material alteration to the course of Keir Burn that diminished the property's value and safety. The trustees denied withholding information and argued that any damage was compensable and insufficient to annul the bargain. Bruce additionally sought authority to alter the burn's course, prompting disputes over jurisdiction and damages, while technical reports assessed flooding risks and construction costs.
Heritors of Stewarton v. Trustees on the High Roads, and Cunningham 1797 Debt, Trustees, Trustee, Contract, Assignment, Heritor The Heritors of Stewarton pursued the Trustees on the High Roads and William Cunningham regarding the administration of statute conversion money for highway repairs in the parish. The heritors argued that such funds were required to be expended annually on the public roads and could not be assigned to other purposes, while Cunningham contended that the trustees were not bound to yearly expenditure or to repay past misapplications, and further claimed that the trustees had unlawfully refused to apply the money to reimburse his personal advances for road works. The process included trustees' minutes from 1774 to 1791, which recorded road repairs, toll assignments, and Cunningham's appointment as principal overseer and collector, together with a report by the Sheriff-Depute on road conditions recommending specific repairs and toll-bars.
J. and P. Duguid and Others v. W. Duguid and Others 1823 Succession, Aliment, Creditor, Trustees, Proof, Marriage The children of John Duguid claimed a share in William Duguid’s estate against the trustees, who had sought exoneration after distributing legacies while residuary beneficiaries remained unidentified, filing a condescendence that opposed the executors’ objections to their evidence. The claimants’ entitlement required proof of John Duguid’s life, death, and family in America, leading to the granting of commissions for taking evidence abroad, which the respondents moved to recall or restrict to major American cities while seeking permission to participate. Proof was subsequently taken abroad regarding John Duguid’s circumstances and the claimants’ right to the estate.
John Home, Writer to the Signet, Petitioner 1792 Debt, Entail, Succession, Trust, Trustees, Trustee Sir John Stirling, Alexander Grahame, Sir Alexander Purves, Dame Mary Willis, and Dame Gloriana Stirling asked the Court to alter its recent interlocutor in the case in which John Home, Writer to the Signet, appeared as petitioner. Based on the single document cataloged for this case.
Magistrates and Town-Council of Paisley v. M'Dowal et al 1792 Trustees, Assignation, Burgh, Debt, Trustee, Creditor The Magistrates and Town-Council of Paisley petitioned the Court to alter an interlocutor in their action as pursuers seeking indemnity for road repairs executed under the 1753 turnpike act. The defenders William M'Dowal, George Houston, Robert Fulton, Robert Corse, Boyd Porterfield, Boyd Alexander, Archibald Speirs, and the assignees to the tolls answered the petition, resisting the magistrates' request for alteration of the court's prior order.
Mathie v. McIntyre 1789 Lease, Sasine, Trustees, Tack, Interlocutor, Infeftment The pursuer John Mathie petitioned the Court to alter its recent interlocutor in his action against the defender McIntyre. Based on the single document cataloged for this case.
Ramsays v. The Magistrates and Town-Council of Edinburgh 1792 Sequestration, Aliment, Trustees, Trust, Tax, Public Works John Ramsay pursued the Magistrates and Town-Council of Edinburgh, contending that the defenders were bound by statute to take three shops and pay their value or assess recompense. The defenders answered that the pursuer's claim for damages was incompetent and premature under the statute. The case turned on whether the statutory provisions obliged the town to acquire the shops and compensate the pursuer, and whether the remedy was properly raised.
Rollo v. Irving and Others 1800 Liferent, Succession, Fiar, Trustees, Liferenter, Trust Pursuer Margaret Rollo (alias Houstoun) held stock of the Bank of Scotland in liferent, while the fee interest was held by trustees of her late husband, Alexander Houstoun. When the Bank paid an extraordinary dividend, Mrs. Houstoun brought this case to determine whether the dividend belonged to her (i.e., to the liferenter) or to the trustees.
Sir William Eliott v. George and Thomas Currie 1796 Lease, Tack, Rent, Trustees, Entail, Succession Sir William Eliott of Stobs, Baronet, pursued George and Thomas Currie to determine whether an heir of entail could grant a lease at a diminished rent in consideration of a grassum. Eliott maintained that such a lease was prohibited, while George Currie argued that the entail's silence on the letting of leases permitted him to enter a lease below the former rental. After the court pronounced an interlocutor, Eliott presented a reclaiming petition asking the Court to alter that decision.
Somerville v. Wilson 1766 Linen industry, Arrestment, Sequestration, Trustees, Forfeiture, Penalty In April 1765, the charger, Thomas Wilson, as Inspector of Yarn appointed by the Trustees for Improving Manufactures in Scotland, inspected a quantity of yarn owned by the suspender, Patrick Somerville, in an Edinburgh market waiting to be transported to Glasgow. Wilson determined that 32 of Somerville's 150 spindles were faulty in their manufacture, and he seized these spindles. Wilson brought action against Somerville before the Sheriff of Edinburgh, who condemned the 32 spindles and charged Somerville with a penalty, payable to Wilson. Somerville appealed the Sheriff's decision to the Court of Session, which overturned the fine but upheld the forfeiture of the yarn. In an effort to get his yarn back, Somerville argued that the seizure was unwarranted and illegally done. He claimed that the statues relative to the linen industry and improving manufacturing in Scotland were an encroachment on the liberty of individuals. Wilson's petition argued for the importance of inspections in order to counteract people like Somerville, working as hawkers, who dealt both in the spinning of yarn from flax and the purchasing of yarn to sell to manufactures. Wilson argued that these hawkers have been particularly active in Edinburgh selling yarn to Glasgow and Paisley and that their trade had provided regular cover to fraud in the making of yarn.
Sym v. King 1796 Debt, Prescription, Statute of limitations, Bill of Exchange, Trustees, Creditor Sym pursued King to compel production of vouchers for payments the defender claimed to have made to creditors of his deceased son James King. King resisted by pleading prescription to bar action on a 1782 bill, citing a thirteen-year lapse and the debtor’s post-due assurances.
Trustees upon the Berwickshire Turnpike Roads v. Mayor, Bailies, and Burgesses of the Borough of Berwick 1793 Trustees, Thirlage, Mala Fides, Statute, Interdict, Act of Parliament The Trustees upon the Berwickshire Turnpike Roads defended the placement of a toll-bar on the Eyemouth road against the Mayor, Bailies, and Burgesses of the Borough of Berwick, who sought suspension of the tolls under a 1793 turnpike act. The Corporation argued that the trustees had violated the statute by situating the gate closer to Eyemouth than to Berwick, thereby creating unequal distances prohibited by the act. The Trustees maintained that the gate was properly positioned as near as may be to the required distance from Berwick and that the Corporation's bill of suspension lacked legal foundation.
William Yeats v. Alexander Thomson and Others 1829 Reduction, Creditor, Trust, Expenses, Trustees, Trustee William Yeats pursued Alexander Thomson and others to reduce a pretended will dated 1 April 1829. In July 1832, Yeats and James Wilson presented a reclaiming note asking the Court to recall Lord Moncreiff's interlocutor and reduce the defenders' liability.
Williamson v. Hay 1832 Trustees, Assignees, Title, Expenses, Interlocutor, Action Alexander Williamson, the pursuer, lodged a reclaiming note asking the Court to alter its interlocutor which found no expenses due to either party. Based on the single document cataloged for this case.
Williamson v. Saunders 1790 Debt, Trustees, Trustee, Compensation, Infeftment, Assignation Joseph Williamson junior, as pursuer, claimed against James Saunders, Writer to the Signet, who answered that Williamson's status as trustee did not amount to an onerous assignation and that prior interest claims were groundless. Based on the single document cataloged for this case.
Young v. Soutar 1802 Trustees, Congreagation of Antiburgher, Lease The pursuers questioned the property rights over a lands belonging to the Antiburgher Seceders at Dumbarrow, near Arbroath, where they were as tenants. Defenders stated that they were designated as two of the trustees for the Congreagation of Antiburgher and that their rights over that premises derives from the direction and jurisdiction of Antiburgher Associate Synod. However, Pursuers alleged that the existance of the trust over these premises can not be prove by the deeds issued in that time.

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