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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Viscount Melville v Lady Baird Preston [1838] CS 16_1142a (16 June 1838)
URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS1142a.html
Cite as: [1838] CS 16_1142a

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SCOTTISH_Court_of_Session_Shaw

Page: 1142

016SS1142a

Viscount Melville

v.

Lady Baird Preston

No. 217

Court of Session

1st Division N

June 16 1838

Ld. Cockburn.

Viscount Melville and Others (Preston's Trustees),     Raisers. Lady Baird Preston,     Claimant.— Counsel:
Deas.
Sir John Hay,     Claimant.— Counsel:
M'Neill.
Lady Hay and Miss Catharine Preston,     Claimants.—Competing. Counsel:
Skene.

Subject_Trust—Settlement—Entail.— Headnote:

This was a question of a special nature, involving a competition for the rents of Culross, under the trust-deed and entail of the late Sir Robert Preston of Valleyfield and others. The competitors were the three nieces of Sir Robert, and Sir John Hay, the husband of one of these nieces. The Lord Ordinary held, that each niece was entitled to one-third of the rents in question, during their respective lives, and that if Sir John Hay survived Lady Hay, he was entitled, during his life, to draw the share which Lady Hay, if surviving, would have drawn; and found no expenses due to either party. The Court, on considering minutes of debate, unanimously adhered.

Solicitors: A. Smith, W.S.— M. N. MacDonald, W.S.—Agents.

SS 16 SS 1142 1838


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URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS1142a.html