Legal Subject: Estate Settlement

Case Date Legal Subject Abstract
Earl of Selkirk v. Robert Nasmith 17 Jan 1778 Estate Settlement, Bargain In 1756, upon the judicial sale of the late James Naesmith's property, the Earl of Selkirk agreed not to bid against Naesmith's son, Robert, for the estate of Glenley. This was in exchange for future right of first offer. In 1762, Robert Naesmith expressed his intention to sell Glenley. For the next ten years Selkirk periodically lent Naesmith money that was understood to be deducted from the final price of Glenley. In 1772, shortly after Naesmith and Selkirk agreed upon two arbiters to decide on a price for Glenley, Naesmith died with his affairs in disorder. Robert Naesmith's son, Robert, brought his father's lands to a judicial sale, but a few days before it was to take place, Selkirk petitioned the Court to have Glenley struck from it. He argued that he and Robert Naesmith's had completed a bargain. Robert Naesmith, James Naesmith (brother to the late Naesmith), and other creditors of the late Robert Naesmith, then petitioned the Court to refuse this request. After the Court ruled in favor of Selkirk, James Naesmith petitioned the Court to strike an Edinburgh dwelling-house, of which he claimed to be the rightful owner, from the sale. The Court ruled in his favor. Other creditors of Naesmith and Selkirk then asked the Court to adjudicate on various issues related to the final price of Glenley.
Elizabeth and Isobel Grays, Daughters of John Gray of Rogart, deceased v. John Wood, and Others, Creditors of said John Gray 25 Feb 1773 Creditor, Estate Settlement Elizabeth and Isobel Gray, daughters of John Gray, inherited the lands of Rogart, which their mother Rachel Monro had received from her own father. After her marriage to John Gray, Monro transferred legal ownership of the lands to her husband, at which time he agreed to secure £200 in liferent for his spouse and their future children. No formal contract, however was ever executed to confirm this agreement. Nevertheless, Mr. Gray remained as manager or administrator for his daughters. Elizabeth and Isobel Gray sold the lands of Rogart. The Creditors of John Gray brought a multiple-poinding action against them in an attempt to claim a right to a portion of the proceeds in order to satisfy John Gray's debts. The Lords found that the lands did not belong to the Mr. Gray, thus Elizabeth and Isobel Gray could claim the whole value.