Scottish Court of Session Decisions

The late Right Hon. Sir William Grant, Master of the Rolls, left the estate of Beldorney, in Banffshire, to his brother Major Grant in liferent, and his male issue in fee. Major Grant died resident in Devonshire, in December, 1836, leaving a widow and two sons. By his will he provided to his widow, Mrs Sarah Grant, the annual proceeds of £1000 stock in the 3 per cent consols, with power to uplift the principal for her own use on presenting a written requisition to that effect to his executors. And this provision was qualified with the condition that it should be accepted in lieu of all claims as his widow. In 1837, on an application by the widow and executors, Peter Cameron, solicitor in Banff, was appointed factor loco tutoris to William James Grant, the eldest son of Major Grant, and fiar of the estate of Beldorney. The free rental of that estate was £808, with a prospect of its being increased during the minority of the proprietor. In 1838 Mrs Sarah Grant presented a petition, stating these circumstances, and farther, that Major Grant had been induced to limit the provisions made on her by his will, in consequence of this understanding that he had effectually appointed her and other executors, under an English will, to administer the rents of Beldorney during the minority of his eldest son, and that she would thus receive a portion of these rents for the suitable maintenance of herself and the family, so long as his minority continued: but that, as Major Grant's interest was merely that of a liferenter, this expectation on his part was frustrated. She prayed the Court to “ordain ¹ the said Peter Cameron, as factor foresaid, to make payment to the petitioner of the sum of £400 sterling per annum, for the support and aliment of herself, and for the maintenance and education of the minor heir, as aforesaid, or such other sum, more or less, as may appear to your Lordships to be proper in the circumstances of the case.” The factor loco tutoris lodged answers, generally admitting the facts alleged, and also, that he, as the private and confidential agent of the late Major Grant, had reason to believe that his views as to his widow being provided for, partly by an allowance out of the rents of Beldorney during his son's minority, were correctly stated.

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¹ Hamilton, Feb. 12, 1835 (ante, XIII. 452); Jackson or Marshall, Dec. 24, 1836 (ante, XV. 513).