Effect of the Apparent Heir's interference, and extent of his Interest in the Estate.
James and William Beveridge v. Elizabeth Crawford and Thomas Coutts
Date: 10 July 1793 Case No. No 41.
An adjudication on the trust-bond of an heir apparent, granted for the purpose of making up a title, in order to reduce a disposition, is competent, although the disponee be infeft.
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The late Colonel Crawford conveyed the estate of Crawford-land to Thomas Coutts, by a disposition, of which Mrs Elizabeth Crawford, the heir at law, proposed to bring a reduction ex capite lecti. As a preparatory step, she granted a trust-bond to Messrs James and William Beveridge, upon which, after raising letters of general and general special charge against her, and after Mr Coutts had taken infeftment on the disposition in his favour, they brought a process of adjudication, wherein Mr Coutts appeared, and
Objected: As the lands are not in hæreditate jacente of her predecessor, Mrs Crawford cannot be served heir at law to him in them, nor can her creditors lead an adjudication against them. She is indeed possessed of the faculty of bringing a reduction of the disposition and infeftment excluding her, and that faculty alone her creditors can adjudge, Erskine, b. 3. tit. 8. § 100.; 1769, Tyson against Simpson. See Appendix.
Answered; An adjudication of the faculty, and any settlements Mrs Crawford might make in the mean time, would be nugatory, if she should die before completing her titles by service, or by the mode now proposed, which cannot hurt Mr Coutts, as the estate will be adjudged tantum et tale, as it stands in her person. The case of Tyson is not collected, and seems to have passed of consent.
Observed on the Bench; As Mrs Crawford is entitled to serve heir to her predecessor, the adjudication must be equally competent, and she ought to be at liberty to vest such a title in her person as may enable her to make a settlement.
The Lords, on advising minutes of debate, ‘adjudged.’
Lord Reporter, Swinton.For Mr Coutts, Tait.Alt. R. Craigie.Clerk, Sinclair.
Fol. Dic. v. 3. p. 259. Fac. Col. No 71. p, 155.
