Scottish Court of Session Decisions

Subject_Trust—Settlement—Entail.— Headnote:

This was a question of a special nature, involving a competition for the rents of Culross, under the trust-deed and entail of the late Sir Robert Preston of Valleyfield and others. The competitors were the three nieces of Sir Robert, and Sir John Hay, the husband of one of these nieces. The Lord Ordinary held, that each niece was entitled to one-third of the rents in question, during their respective lives, and that if Sir John Hay survived Lady Hay, he was entitled, during his life, to draw the share which Lady Hay, if surviving, would have drawn; and found no expenses due to either party. The Court, on considering minutes of debate, unanimously adhered.