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Macnair, proprietor of some houses in Glasgow, conveyed the subjects, and his whole goods and gear, to his eldest son, as trustee for the truster's spouse and children after named; and failing him to his eldest heirs-male; and failing heirs-male, the truster's eldest heir-female for the time, and so on through his whole heirs-male and female, the eldest heir-female always succeeding without division; failing, all of whom, his nearest heirs and assignees whatsoever. The deeds makes no provision for the minority or incapacity of any trustee, nor for his refusing to act; and its purposes are declared to be, 1mo, To pay 4s. a-day to his widow; 6s. to his eldest son; 4s. each to a younger son and the eldest daughter; and 3s. each to three younger daughters, per diem. Certain sums are likewise directed to be paid to the descendants of the testator, in all time coming, on their attaining the age of twenty-five; and in case any of these descendants shall he in indigent circumstances, they shall receive 1s. weekly, from the age of eight to fourteen, and £.5 of apprentice-fee. And the deed provides, That the trustee shall draw 5 per cent. on all the rents and debts he shall uplift. In a reduction of this deed at the instance of the heir, it was urged, 1mo, That it was ultra vires of the granter, the effect of it being to sink the property of the subjects, and put them in trust to perpetuity; and, 2do, That its clauses were absurd, irrational, and in certain events would come to be utterly inextricable. Urged in defence, 1 mo, That the testator, being absolute proprietor, might fetter his property in any manner he pleased, which was not contrary to law; and that the purposes of the trust were benevolent; 2do, That there was nothing irrational or inextricable at present, in the circumstances attending this trust; and if a situation should eventually occur, where the trust should become inextricable, it would then be time enough to declare it void. The Lords repelled the reasons of reduction.—See Dick contra Fergusson, No. 43. p. 16206.
