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)
- Glen — Petition, 10 Mar 1778March 10, 1778 petition of William Glen asking the Court to alter Lord Braxfield's interlocutor finding Park's assignation challengeable on the head of deathbed
People & places in this case
People involved
- William Glen — Defender
- Margaret Park — Pursuer
- Sir William Macleod Bannatyne, of Kames, Lord Bannatyne — Advocate for Defender
- Robert MacQueen, Lord Braxfield — Lord Ordinary
- 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
Where this case took place
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.
