7 Mar 1799

While working abroad in the service of the East India Company, Lieutenant Duncan Stewart remitted £1000 to Scotland. He assigned a power of attorney to William Stewart and John Taylor, allowing them to manage the money. Lieutenant Stewart directed the men to invest his money in heritable securities and give the interest to certain family members. He died in India, leaving a holographic memorandum of a will that provided for the money in Scotland to be “applied in the manner already directed.” Lieutenant Stewart’s executors initiated a court proceeding to determine who was entitled to the £1000. The court determined that the fund was heritable property that should pass to Lieutenant Stewart’s heir-at-law, his sister Elizabeth Stewart Bowman. Bowman then died, leaving the residue of her estate to her natural son Lieutenant Alexander Graeme. Lieutenant Graeme claimed that he was entitled to the £1000 based on Mrs. Bowman’s will. However, Duncan Stewart, Lieutenant Stewart’s cousin in Jamaica, claimed that he was the Lieutenant’s heir-at-law and should inherit the money because the £1000 was a heritable subject and Bowman never made up a title to it. Case documents include a reproduction of Lieutenant Stewart's detailed memorandum disposing of his personal effects.

Documents in this case (10)

People involved

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While working abroad in the service of the East India Company, Lieutenant Duncan Stewart remitted £1000 to Scotland. He assigned a power of attorney to William Stewart and John Taylor, allowing them to manage the money. Lieutenant Stewart directed the men to invest his money in heritable securities and give the interest to certain family members. He died in India, leaving a holographic memorandum of a will that provided for the money in Scotland to be “applied in the manner already directed.” Lieutenant Stewart’s executors initiated a court proceeding to determine who was entitled to the £1000. The court determined that the fund was heritable property that should pass to Lieutenant Stewart’s heir-at-law, his sister Elizabeth Stewart Bowman. Bowman then died, leaving the residue of her estate to her natural son Lieutenant Alexander Graeme. Lieutenant Graeme claimed that he was entitled to the £1000 based on Mrs. Bowman’s will. However, Duncan Stewart, Lieutenant Stewart’s cousin in Jamaica, claimed that he was the Lieutenant’s heir-at-law and should inherit the money because the £1000 was a heritable subject and Bowman never made up a title to it. Case documents include a reproduction of Lieutenant Stewart's detailed memorandum disposing of his personal effects.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 14407
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Locations

Session Papers

Petition

Unto the Right Honourable The Lords of Council and Session, the Petition of Duncan Stewart, of the Parish of Clarendon, in the County of Middlesex, of the Island of Jamaica, and Robert Ainslie, Writer to the Signet, his Attorney

 		7 Jul 1796
Answers

Answers for Lieutenant John Alexander Graeme, only son and residuary Legatee of Mrs Elizabeth Bowman, late of the Parish of Kingston in the Island of Jamaica, to the Petition of Duncan Stewart of the Parish of Clarendon, in the County of Middlesex, of the Island of Jamaica, and Robert Ainslie Writer to the Signet, his Attorney

 		30 Nov 1796
Replies

Replies for Duncan Stewart, of the Parish of Clarendon in the Island of Jamaica; and Robert Ainslie Writer to the Signet, his Attorney, Petitioners; to the Memorial for Mary, Jean, Patrick, Elizabeth, Alexander, Stewart, and William Watsons, Children of the Marriage between John Watson Rector of the Grammar School at Dundee, and Elizabeth Campbell his Wife; and for George Wilkie Merchant in Dundee, Husband of the said Jean; and also for Duncan, Margaret, Mary, and Anne Stewarts, Children of the Deceased Alexander Stewart at Auchindarroch; and for Duncan Stewart, Husband of the said Mary; Donald M'Queen, Husband of the said Margaret, and Donald M'Donald, Husband of the said Anne, for their respective rights and interests; and to the Answers for Lieutenant John Alexander Graeme, only Son and residuary Legatee of Mrs. Elizabeeth Bowman, late of the Parish of Kingston in the Island of Jamaica, Respondent

 		6 Apr 1797
Memorial

Memorial for Mary, Jean, Patrick, Elizabeth, Alexander, Steuart, and William Watsons, Children of the Marriage between John Watson, Rector of the Grammar-School at Dundee, and Elizabeth Campbell, his Wife; and for George Wilkie, Merchant in Dundee, Husband of the said Jean; and also for Duncan, Margaret, Mary, and Anne Steuarts Children of the deceased Alexander Steuart at Auchindarroch; and for Duncan Steuart, Husband of the said Mary; Donald Macqueen, Husband of the said Margaret; and Donald Macdonald, Husband of the said Anne, for their respective rights and Interests. Against Lieutenant John Alexander Graeme, Executor, and Duncan Steuart of the Island of Jamaica, Heir at Law of the deceased Mrs Elizabeth Bowman, the Sister and Heir of the deceased Lieutenant Duncan Steuart

 		31 Jan 1797
Petition

Unto the Right Honourable The Lords of Council and Session, the Petition of Duncan Stewart of the Parish of Clarendon, in the Island of Jamaica, and Robert Ainslie Writer to the Signet, his Attorney

 		10 Mar 1797
Petition

Unto the Right Honourable The Lords of Council and Session, the Petition of Duncan Stewart, of the Parish of Clarendon in the County of Middlesex, of the Island of Jamaica, and Robert Ainslie Writer to the Signet, his Attorney

 		23 Jun 1797
Answers

Answers for Lieutenant John Alexander Graeme, only Son and residuary legatee of Mrs Elizabeth Stewart, otherwise Bowman, late of the Parish of Kingston in the Island of Jamaica, to the Petition of Duncan Stewart of the Parish of Clarendon, in the County of Middlesex, of the Island of Jamaica; and Robert Ainslie, Writer to the Signet, his Attorney

 		22 Feb 1798
Petition

Unto the Right Honourable The Lords of Council and Session, the Petition of Lieutenant John Alexander Graeme, only Son and residuary Legatee of Mrs Elisabeth Stewart, otherwise Bowman, late of the Parish of Kingston, in the Island of Jamaica

 		6 Mar 1798
Petition

Unto the Right Honourable The Lords of Council and Session, the Additional Petition of Lieutenant John Alexander Graeme, only Son and residuary Legatee of Mrs Elisabeth Stewart, otherwise Bowman, late of the Parish of Kingston, in the Island of Jamaica

 		19 Apr 1798
Answers

Answers for Duncan Stewart, of the Parish of Clarendon, in the County of Middlesex, of the Island of Jamaica, and Robert Ainslie, Writer to the Signet, his Attorney; to the Petition and Additional Petition of Lieut. John Alexander Graeme, only Son and Residuary Legatee of Mrs Elizabeth Stewart, otherwise Bowman, late of the Parish of Kingston, in the Island of Jamaica

 		20 Feb 1799