Scottish Court of Session Decisions

Subject_1Judicial Factor
Subject_2Bankrupt.
Headnote:

Peter Russell Sawers was liferenter of the estate of Craigingall and others under the trust-disposition and settlement of his uncle Peter Sawers. He was also one of several trustees named by the said deed. On 25th May 1881 he executed, under decree of the Sheriff of Midlothian, a disposition omnium bonorum, by which he conveyed all his heritable and moveable estate whatsoever to J. C. Penney, C. A., as trustee for behoof of his creditors. The Court subsequently, by a decree pronounced in absence on 4th June 1881, on a petition by Mr Penney, removed Mr Sawers and the said other surviving trustee under the said trust-disposition (who had become insane) from their office of trustee, and appointed Mr Penney judicial factor on the estate.

This was an application by Mr Sawers for recall of the sequestration and of Mr Penney's appointment, and for his own restoration as trustee. He averred, inter alia, that “the free rental of the estate was about £600.” Mr Penney in his answers denied this, and averred that the estate was, owing to the fault and gross mismanagement of the petitioners, in the last stage of dilapidation, and would, if no factor were put upon it, soon cease to yield a rental at all. He submitted that the fact of the petitioner's bankruptcy, though not an absolute bar to his filling the office of trustee, was a strong element towards his disqualification.