Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XXVIII.
Effect of disposition of heritable subjects to trustees.
Durie v. Coutts
Date: 30 November 1791 Case No. No 140.
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A person having executed a trust-deed, conveying to the trustees his whole property; in the narrative he declares it to be his intention, that his houses, &c. should, if they thought fit, be sold, and the produce of the whole heritable and personal estate applied in the manner therein mentioned. The deed then makes over to the trustees for the use and behoof, in the first place of the heirs of his body, whom failing, a certain series of heirs, all the heritable subjects, and all and sundry debts and sums of money, heritable as well as moveable. One of the heirs to whom the right of succession devolved under this deed, having bequeathed her whole effects, real and personal, by testament, to her mother; this settlement was disputed, in so far as regarded an heritable bond for L. 2,000, which was claimed by the heir in heritage of the granter of the trust-deed. Urged for the mother, That the right which accrued to her was not the property of any specific effects, either heritable or moveable, but the residue of the value of an estate conveyed to trustees for certain purposes, and which, at their pleasure, they could make either heritable or moveable, being accountable only for its produce to those to whom it was destined. It surely could not be disputed, that had the trustees, before the testatrix's death, got payment of this heritable bond, it would have been validly conveyed by her testament; it would, therefore, be most unreasonable that her succession should be regulated by such a casualty as that mentioned. The Lords found the heir in heritage of the trustee had right to the sum in dispute.
