Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Daughters of Arthur Straiton of Kirkside v. Straiton, their Brother
Date: 7 December 1692
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In the case of the five daughters of Mr. Arthur Straiton of Kirkside against their brother, the Lords doubted much if the factory Mr. Arthur left to Straiton, apothecary in Montrose, his cousin, to set his lands, and divide the price equally among his six children, giving the son a double portion, was obligatory and effectual now against his heir, to cause him sell in that manner, and distribute the price conform to the factor's appointment; seeing it took no effect in his own lifetime, and his factor had not executed his order; and so it was alleged, quod morte mandantis perimitur mandatum; but they thought the case very favourable, if it could subsist yet, or was only of a testamentary nature, or donatio mortis causa, not obliging the heir; and therefore ordained it to be heard in their own presence.
