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Willoch v Auchterlonie. [1769] Mor 15945 (14 December 1769)
URL: http://www.bailii.org/scot/cases/ScotCS/1769/Mor3615945-023.html Cite as:
[1769] Mor 15945
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A peron conveyed his heritable property to certain trustees, to be applied “in such way and manner as he had already, or should. thereafter, think proper to give and bequeath by his last will and testament.” He afterwards, in liege poustie, executed a testament, in which he appointed the tustees his executors, and declared the uses and purposes to which his estate, real and personal, should be applied. This settlement was challenged by the heir at law; chiefly upon the ground, that the purposes of a trust relative to heritage could not be declared by testament, any more than the heritage itself could be conveyed by such a deed. But the Court were of opinion, that the trust deed was an effectual conveyance of the heritable subjects mentioned therein, and that the after declaration was, legally executed, in virtue of the reserved power in the trust.—Affirmed on appeal.
Fac. Coll.
*** This case is No. 100. p. 5539. voce Heritable and Moveable.
