Scottish Court of Session Decisions

Subject_1 TRUST.

The Creditors of The Duke of Hamilton
v.
The Earl of Selkirk and Lord Daer

1740, Nov. 19.
Case No. No. 8.

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In the question of this extraordinary disposition by the Dutchess of Hamilton, for payment of her son's debts, though the trustees had an unlimited power of agreeing with what creditors they pleased, and preferring any of them to the rest, and the creditors barred from any action against them; yet the original trustees being dead, after the Earl of Selkirk, one of them, had disposed of the subject, and therefore the trust was either now at an end, or devolved upon the Duke of Hamilton, who declares he does not oppose the creditors recovering their money out of this fund; the Lords thought there could not be a right without a remedy, (a means of attaining it) and that therefore the creditors have actions against the heirs of Earl of Selkirk to account for the subject of the trust, renit. President.