Scottish Court of Session Decisions

Subject_1 TAILZIE.

Sir John Gordon And Mr Hamilton Gordon

1748, July 27.
Case No. No. 33.

Click here to view a pdf copy of this documet : PDF Copy

In this dispute between the two brothers for the estate of Milton, being the estate of Hamilton Lord Hallcraig, we found last week that Sir John, as well as Lady Gordon, his mother, (the eldest daughter and heir-female of Lord Hallcraig) were liable to the condition in the tailzie of bearing the name and arms, or denuding in favour of the second son of the said heir-female. And the next question was, Whether Sir John had still the eption, and might take the estate he assuming the name and arms, or if he is barred, 1st, by his mother and her husband's not taking the name and arms, and 2dly, by his own not assuming it since the year 1740 that the succession devolved to him? It carried that he is not barred, wherein I did not vote. Mr Charles Hamilton's (pursuer's) lawyers laid the whole weight on Lady Gordon having irritate, which I thought indeed she had done; but then the irritancy was forfeiting not only for herself and eldest son, but for all her descendants, which would have carried the estate from both; and I did not think that Charles could declare that irritancy. But I inclined to think, that Sir John had him self irritated, notwithstanding all his excuses; but that the lawyers for Mr Charles seemed to give up.