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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Colquhoun Grieve and Others, Petitioners [1873] ScotLR 10_317 (11 March 1873)
URL: http://www.bailii.org/scot/cases/ScotCS/1873/10SLR0317.html
Cite as: [1873] ScotLR 10_317, [1873] SLR 10_317
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SCOTTISH_SLR_Court_of_Session
Page: 317↓
Court of Session Inner House Second Division.
Facts:
A trustee furth of Scotland, and of whom nothing had been heard ‘for nine years, removed from his office, and a judicial factor appointed to administer the trust-estate.
This was a petition at the instance of all the surviving children of the late Robert Grieve, town clerk of Dumbarton, who are now resident in this country. Four of the family reside furth of Scotland, and edictal citation of the petition on them was prayed. Certain trustees were appointed by the trust-disposition of Mr Grieve, and they assumed one of his sons, Thomas Grieve. All the trustees, except the said Thomas Grieve, are now dead, and he has been for upwards of nine years abroad, in New Zealand or elsewhere, without
Page: 318↓
communicating with any of the family. It therefore has become necessary for the protection of the estate that Thomas Grieve should be removed from the office of trustee, and that a judicial factor should be appointed to administer the trust-estate.
The Court granted the prayer of the petition.
Counsel for Petitioners— H. J. Moncrieff. Agents— Murray, Beith, & Murray, W.S.