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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Brown v. Brown's Trustees and Others [1866] ScotLR 1_261 (12 April 1866) URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0261.html Cite as: [1866] SLR 1_261, [1866] ScotLR 1_261 |
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Page: 261↓
Ayr Spring Circuit.
(Before
This case was set down for trial at the Ayr Circuit. Hugh Brown, lately farmer in Milton, now residing at Gatehead, near Kilmarnock, is pursuer; and James Barr, farmer in Monkland, and Thomas Fulton, writer in Kilmarnock, trustees of the deceased Allan Brown, residing at Beanscroft, in the parish of Fenwick, and Allan Barr, son of the said James Barr, and Mary Brown, both residing at Beanscroft foresaid, are defenders; And the following were the issues:—
“It being admitted that the pursuer is heir-at-law of the late Allan Brown, who died at Beanscroft on the 28th July 1856:
I. Whether the disposition and settlement, being No. 8 of process, dated 18th May 1855, is not the deed of the deceased Allan Brown?
II. Whether the codicil, dated 8th December 1855, appended to the said deed, is not the deed of the deceased Allan Brown?
III. Whether the trust-disposition and settlement, dated the 18th December 1855, being No. 17 of process, is not the deed of the said Allan Brown?”
Before the jury was sworn, the case was compromised. The defenders agreed to pay the pursuer £350 on the death of the defender, Mary Brown, who liferented the estate, and each party is to pay his own expenses.
Counsel for Pursuer— Mr Fraser and Mr J. G. Smith. Agents— Messrs Macgregor & Barclay, S.S.C.
Counsel for Defenders— Mr Watson and Mr Deas. Agents— Messrs Duncan & Dewar, W.S.