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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Macewan's Trustees, Petitioners [1872] ScotLR 9_568 (28 June 1872)
URL: http://www.bailii.org/scot/cases/ScotCS/1872/09SLR0568.html
Cite as: [1872] SLR 9_568, [1872] ScotLR 9_568
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SCOTTISH_SLR_Court_of_Session
Page: 568↓
Court of Session Inner House Second Division.
Facts:
Procedure in application for discharge of representatives of a trustee who died during the dependence of the sequestration.
The estates of Barker & Co., commission merchants, Glasgow, were sequestrated on 31st March 1864. Andrew MacEwan was appointed trustee, and paid dividends to the creditors, by which the estate was nearly exhausted. The bankrupts were discharged. Thereafter, on 11th June 1860, Andrew MacEwan died. The amount of the estate in the hands of the petitioners, who are the representatives of Mr MacEwan, was £20, 1s. 5d. The Bankruptcy (Scotland) Act of 1856 made no provision as to the mode in which the representatives of a trustee dying undischarged after a final distribution of the sequestrated estates should apply for the deceased's intromissions, and therefore the representatives of Mr MacEwan presented this application.
Moncreiff for the petitioners— Brown's Trustees, Nov. 17, 1564, 3 Macph. 56.
The Court, after remitting to the Accountant of Court to inquire if the statements were correct, pronounced this interlocutor:—
Edinburgh, 28 th June 1872.—The Lords having resumed consideration of the petition, with the report of the Accountant in Bankruptcy, appoint the petitioners to lodge the unclaimed dividends in bank, in terms of the statute; and to transmit the Sederunt Book to the Accountant in Bankruptcy: Exoner and discharge the petitioners, as the trustees and representatives of the deceased Andrew MacEwan, and all others, his heirs, and representatives whomsoever, of his whole intromissions, act and management, as trustee foresaid; and grant warrant to and authorise the Sheriff-clerk of the county of Lanark, or other costodier of the bond of caution, to deliver up the same to the petitioners, as trustees foresaid, upon delivery of a certified copy of this interlocutor; and farther, to ordain the expenses of this application to be paid out of the funds belonging to the said sequestrated estates; and decern; and remit to the Auditor to tax the expenses now found due, and to report.
Solicitors: Agent for Petitioners— James W. Moncreiff, W.S.