(1812) 5 Paton 654
CASES DECIDED IN THE HOUSE OF LORDS, UPON APPEAL FROM THE COURTS OF SCOTLAND, FROM 1753 TO 1813.
House of Lords,
Subject_Liferent and Fee.
An action of declarator was brought by the appellant, to have it declared that, under his father's disposition of the estate of North steelend, that he (appellant) had vested in him the fee of that estate, and was entitled to sell it. The destination was in the following terms:
“To and in favour of the said
Thomas Thomson, my son, in liferent, for his liferent use allenarly, and to his heirs whomsoever to be lawfully procreated of his body; whom failing him and his heirs, viz. the said Thomas Thomson's heirs, arriving at majority or marriage, to the said Catherine and Elizabeth Thomson, my daughters, in liferent, for their liferent use only; and to their children procreate, or to be procreate, equally among them in fee, heritably and irredeemably.”
The Lord Ordinary, Lord Justice Clerk M'Queen (14th Nov. 1792), held that Thomas Thomson, the son, had only a liferent, the fee being in the daughter's children, and he therefore sustained the defences, and assoilzied.
The Inner House adhered to this interlocutor, on reclaiming petition; and, on appeal to the House of Lords, the appeal was dropped; but afterwards (February 1806) a new appeal was brought, whereupon, and after hearing counsel, the judgment of the Court below was affirmed.
Counsel: For Appellant,
For Respondent, Wm. Adam, Mat. Ross.
Note.—This case appears reported in Dow, (vol. i. p. 417), under an erroneous date, (14th Dec. 1813.)