United Kingdom House of Lords Decisions

For a full report of this case, vide Morison, 14, 941.

In a competition of brieves between Agnes Tennent and William Baillie, claiming to succeed to the estate of Stoneypath, under a destination “to A. and his heirs or assignees “in fee; whom failing, to B. and his heirs and assignees,” with which were conjoined mutual declarators, the Court of Session held that B. (the respondent William Baillie), being nominatim substituted, on failure of heirs of the body of A., was entitled to be preferred to Agnes Tennent, on the principle that the term “heirs,” as here used, was to be limited to the heirs of the body of A. Reversed in the House of Lords; it being “declared that John Chatto (son of Agnes Tennent), is preferable, and entitled to be served heir of provision to the deceased Mr. William Walker, under the settlement made by him of his estate of Stoneypath in 1752; and it is further ordered and adjudged that the objection to the service of the said John Chatto be repelled, and that the mutual declarators be conjoined, and that the said John Chatto be assoilzied from the process of declarator at the instance of the said William Baillie, and that the Court of Session do find, in terms of the declarator at the instance of Agnes Tennent, mother of the said John Chatto, against the said William Baillie; and it is further ordered that the said Court of Session do

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