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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mrs Mary Drummond v Mrs Agatha Drummond. [1782] Hailes 906 (16 July 1782) URL: http://www.bailii.org/scot/cases/ScotCS/1782/Hailes020906-0585.html Cite as: [1782] Hailes 906 |
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[1782] Hailes 906
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 CLAUSE.
Date: Mrs Mary Drummond
v.
Mrs Agatha Drummond
16 July 1782 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IX. 847; Dictionary, 2813.]
Braxfield.If the year's rent was in the person of the heir, it would go to his heirs; but I rest on the trust-right: the rents fell under the trust-right, and there was nothing in the hæreditas jacens of James Drummond (the heir.) It is said that the trust-right was revoked by George Drummond's marriage- contract: but there is nothing in that; the trust-right was not revoked. On the contrary, it was for the benefit of all the heirs of entail: that benefit could not accresce to the remoter heirs without accrescing to the nearer.
On the 16th July 1782, “The Lords found that the rents, which fell due after the death of George Drummond, came under the trust-right.”
Act. A. Wight. Alt. Ilay Campbell. Reporter, Stonefield. N. B.—The other questions in this cause too much involved in circumstances to merit any recital of opinions delivered.
The electronic version of the text was provided by the Scottish Council of Law Reporting