This case determined whether an heir of entail was statutorily bound to honor a liferent provision granted by an earlier heir, John Cunningham, Earl of Glencairn, to his wife, Isabella Erskine, Countess of Glencairn. The provision was not directly effectual against the estate because Earl John died without making up a feudal title (i.e., as heir apparent). After Earl John’s death, the estate passed to Robert Graham and then to his son William Cunningham Cunningham Graham. The Countess of Glencairn brought an action against William seeking to effectuate the liferent provision pursuant to the act 1695, c. 24.
People involved
- Isabella Erskine, Countess of Glencairn — Pursuer
- William Inglis, W.S. — Trustee/Tutor/Representative for Pursuer
- William Cunningham Cunningham Graham, of Gartmore — Defender
- M. Clk. — Clerk
- Matthew Ross, of Candie — Advocate for Pursuer
- Robert Stewart — Agent
- Archibald Fletcher, of Parkhill — Advocate for Defender
- William Cunningham, 12th Earl of Glencairn — Named in case documents
- William Cunningham, 13th Earl of Glencairn — Named in case documents
- James Cunningham, 14th Earl of Glencairn — Named in case documents
- Rev. John Cunningham, Earl of Glencairn — Named in case documents
- Robert Graham, of Gartmore — Named in case documents
- Sir William Miller, Lord Glenlee, 2nd Baronet of Glenlee — Lord Ordinary
Places
- Finlaystone (principal)
This case determined whether an heir of entail was statutorily bound to honor a liferent provision granted by an earlier heir, John Cunningham, Earl of Glencairn, to his wife, Isabella Erskine, Countess of Glencairn. The provision was not directly effectual against the estate because Earl John died without making up a feudal title (i.e., as heir apparent). After Earl John’s death, the estate passed to Robert Graham and then to his son William Cunningham Cunningham Graham. The Countess of Glencairn brought an action against William seeking to effectuate the liferent provision pursuant to the act 1695, c. 24.
