This case was about the ranking and sale of the estate of the late Robert Hall of Fulbar. Many years prior to the ranking, Robert agreed to pay his sister, Jean Hall, 2000 merks if she married with the consent of certain family members. The agreement provided that if Jean married without consent, or if she died without marrying, the 2000 merks would devolve to Robert. Robert subsequently granted Jean a bond of corroboration, which omitted the provision regarding Jean’s death before marriage. Later, Jean granted a disposition of the 2000 merks to her nieces and nephews, including the petitioner, Miss Jean Hall. When the ranking and sale commenced, Miss Jean sought to be ranked on the contract, bond, and disposition, but other creditors objected that that the elder Jean Hall had died unmarried. Miss Jean Hall argued that the marriage condition was unjust, that the bond of corroboration should take precedence over the contract, and that the elder Jean held a property right entitling her to dispose of the money.


Repository & Extent