Scottish Court of Session Decisions

Subject_1 TAILZIE.

Case of The Estate of Cromarty

1751, Dec. 17.
Case No. No. 44.

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Claim by George M'Kenzie, second son of George Earl of Cromarty attainted. He claimed, as heir of entail made by old George Earl of Cromarty to the forfeiting person, and heirs-male of his body, and other substitutes; and for himself and other substitutes (in general) claimed the estate after the death of John, his elder brother, (who did not claim, and got a pardon on condition, I believe, that he should not claim) first on irritancies incurred by the forfeiting person by contracting debts, and suffering many adjudications to pass; 2dly, for that the Earl could only forfeit for his own life; and in the course of the debate insisted that, as the House of Lords had done in the case of Park, we should determine how long the estate was forfeited, and when it would not be forfeited;—and compearance was made for Captain M'Kenzie, the Earl's brother, as a remainder-man, and insisted to have his remainder sustained, at least reserved. We dismissed George M'Kenzie's claim; and found that we could not judge of the right of the remoter substitutes, for whom no claim was presented in their names, reserving to them to be heard when the succession should open to them; though we thought even then the Parliament alone could relieve them. Vide the interlocutor subjoined to the claim.