Scottish Court of Session Decisions

Subject_1Trust
Subject_2Reduction
Subject_3Multiplepoinding
Subject_4Fund in medio.
Facts:

A truster died, leaving to certain trustees large property, heritable and moveable, for certain purposes. A great number of claims having been made against the trustees, both under the trust-deed and at common law, the trustees brought an action of multiplepoinding, in which the fund in medio embraced the whole estate of the deceased. Thereafter the heir-at-law of the truster brought an action of reduction of the trustdeed ex capite lecti, in so far as it disposed of a certain estate. He was successful in this action, and thereafter brought an action of count and reckoning against the trustees for the rents of said estate during the time they had administered it. Held that the proper course was to take the estate in question out of the fund in medio, as not being part of the trust-estate of which the trustees were administrators, and to proceed with the accounting in the action of count and reckoning, and not in the action of multiplepoinding.