A settlement chiefly relating to moveables, effectual to convey heritable property, where dispositive words are used.
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The now deceased father of the parties executed a deed, in which after premising his intention to dispose of all his means and estate, and that John Robertson, his eldest son, had formerly received an ample share of his effects, he disponed, assigned, and conveyed, to George Robertson, his youngest son, “ all the stocking upon his farms, with all other goods, gear, debts, or sums of money presently pertaining to him, or that should happen to pertain to him at the time of his death, with all bills, bonds, decreets, and every other kind of goods, debts, subjects, and effects that belonged to him, or should appear to belong to him at his decease.”
At the period of executing this settlement, the deceased was creditor by a personal bond, upon which an adjudication afterwards followed; a circumstance from which John Robertson, the eldest son, contended, that the debt contained in it had become heritable, and therefore could not be transmitted in consequence of a settlement which appeared to relate only to moveable funds.
Observed on the Bench: Heritable effects, such as a debt secured by adjudication, will not be carried by a deed conceived in a testamentary form. Where, however, proper dispositive words have been used, the only question is concerning the intention of the deceased, which, in this case, is sufficiently evident.
The Lords affirmed the judgment of the Lord Ordinary, which found, “ That George Robertson had right to the sums in question, in virtue of the settlement made by his father.”
Lord Ordinary, Kennet.For John Robertson, Robertson.For George Robertson, E. Armstrong.Clerk, Robertson.
Fac. Coll. No. 210. p. 329.
