Scottish Court of Session Decisions

Page: 27↓

This was a petition presented by Crawford William Logan, heir of entail in possession of the lands of Westtmarch, situated in the burgh of Paisley. The object of the petition was to have fixed and restricted the amount of the annuity and provisions granted by his predecessor in possession of the entailed estate in favour of his wife and daughters, in terms of the Aberdeen Act 1824 (5 Geo. IV, cap. 87), secs. 1 and 4, and to obtain authority to charge the entailed lands with the amount of the daughters' provisions.

On 28th April 1911 the Lord Ordinary appointed a curator ad litem to the three nearest heirs next in succession to the entailed estate, who were in minority, and further remitted the petition to Mr John Kinmont, S.S.C., to inquire and report.

In his report the reporter drew attention to the fact that the petitioner had produced a statement showing the free rental of the estate for the year ending Whitsunday 1910, in which was included the rent of the mansion-house. The reporter referred to Leith, June 10, 1862, 24 D. 1059, but stated that in the present case the house in question, although the old mansion-house of the estate, had no longer the characteristics or amenity of a mansion-house of an entailed estate, and that the petitioner did not object to the rent of the mansion-house being included in the rental of the estate for the purposes of fixing the annuity and provisions, and charging the latter by bond and disposition in security. The curator ad litem for the next heirs of entail, however, objected to the inclusion of the mansion-house for these purposes.