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Drummond of Blair Drummond, after executing an entail of his estate in favour of the heirs of his body and other substitutes, executed a trust-deed, in favour of certain persons, of his whole entailed property, and all other lands he might acquire, and that for the purpose of paying off his debts; which being done, the trustees were to re-convey to the heirs of entail. This trust-deed was declared revocable. He afterwards married, and obliged himself in the marriage-contract to resign the entailed estate in favour of the heirs of the marriage and other heirs of entail. Of this marriage he had a son James, who died in infancy, and survived his father but a few months. Mrs Agatha Drummond, his sister, succeeded as heiress of entail, and an action was brought against her by her sister Mrs Mary, as executrix of her nephew James, claiming the rents of the entailed subjects which had fallen due during his life; upon this ground, though they fell under the trust-deed, that settlement must be considered as so far revoked, by the obligation in the contract of marriage relative to heirs. Answered, The trust-deed was for James' benefit, as heir of entail, and therefore ought not to be presumed revoked by the contract of marriage. So the Lords found, and assoilzied the defender.
