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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Cairns [1838] CS 16_335a (19 January 1838) URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS0335a.html Cite as: [1838] CS 16_335a |
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Page: 335↓
Subject_Judicial Factor —Trust —Nobile Officium.—
A party executed a trust-disposition and settlement for the distribution of his estate, and conferred no discretionary powers on the trustees as to the proportions, or mode, of such distribution; he was predeceased by the trustees named in the settlement, and he executed no new nomination: on the petition of parties interested in the settlement, the Court appointed a judicial factor with the usual powers, “to realise and manage the estate and to implement the ends and purposes of the said disposition and settlement.”
The late Andrew Dewar of Hardieston executed a trust-settlement in 1808, conveying his estate to trustees, to pay debts and expenses, and thereafter to pay the annual interest of the residue, in certain proportions, to two sisters, and the fee thereafter to the children of one of the sisters, named Katharine, so soon as the youngest of such children became major. Dewar died in 1836. He was predeceased by his trustees, and had executed no new nomination. In these circumstances, a petition was presented by the children of the above mentioned Katharine, praying the Court “to appoint Mr Alexander Duffus Robertson, schoolmaster, Saline, judicial factor in the premises, with the usual powers, to realize and manage the estate of the late Andrew Dewar, and to implement the ends and purposes of the said disposition and settlement.”
The Court granted as craved.
Solicitors: Macritchie, Bayley, and Henderson, W. S.—Agents.
