Elizabeth Park owned some bonds from the sale of her late brother's lands. She later conveyed these bonds to her cousin, Robert Park. Robert Park had a sister, Margaret, but disliked Margaret's husband. Shortly before his death, Robert Park conveyed the aforementioned bonds to his cousin, William Glen. Because Robert Park died less than a month after this disposition, Margaret Park challenged it upon the head of deathbed. Glen argued before Lord Braxfield that the subjects in question constituted a personal right and could not be challenged on the head of deathbed. The pursuer, Margaret Park, argued that as their price was made a burden upon land, they could not be alienated upon deathbed. Lord Braxfield found that one of the bonds in question, granted by Adam Walker for the lands of Wooden, constituted a heritable right. He refused further representation from Glen, who then petitioned the Court for review.
Documents in this case (1)
People involved
- Robert MacQueen, Lord Braxfield — Lord Ordinary
- Sir William Macleod Bannatyne, of Kames, Lord Bannatyne — Advocate for Defender
- William Glen — Defender
- Margaret Park — Pursuer
- Mr. Robert Park — Named in case documents
- Elizabeth Park — Named in case documents
- Adam Walker, of Hammersmith — Named in case documents
- George Walker, of Thirlestane — Named in case documents
- James Dickson, Esq., of Broughton — Named in case documents
- Elisabeth Ramsay — Named in case documents
- Robert Park — Named in case documents
- Daniel Millar — Named in case documents
Elizabeth Park owned some bonds from the sale of her late brother's lands. She later conveyed these bonds to her cousin, Robert Park. Robert Park had a sister, Margaret, but disliked Margaret's husband. Shortly before his death, Robert Park conveyed the aforementioned bonds to his cousin, William Glen. Because Robert Park died less than a month after this disposition, Margaret Park challenged it upon the head of deathbed. Glen argued before Lord Braxfield that the subjects in question constituted a personal right and could not be challenged on the head of deathbed. The pursuer, Margaret Park, argued that as their price was made a burden upon land, they could not be alienated upon deathbed. Lord Braxfield found that one of the bonds in question, granted by Adam Walker for the lands of Wooden, constituted a heritable right. He refused further representation from Glen, who then petitioned the Court for review.
