Date of Decision: 1767
Abstract: Janet Buchanan executed a settlement that made her niece Grizel Gordon the residuary beneficiary of her estate. The settlement provided that if Grizel died before marrying, the substitute beneficiary would be Elizabeth Wallace, Buchanan’s first cousin once removed. Buchanan died in 1762, and Grizel took possession of her effects, including a bond granted by Robert Dundas, Lord President of the Court of Session, for L. 200 Sterling. In 1763, Grizel discharged the L. 200 bond and lent the same amount to Charles Dundas, Robert’s brother; for the second loan, Charles and Robert gave their joint bond. After Grizel died, a dispute arose between Elizabeth Wallace and Grizel’s half-siblings, children of Robert Gordon, over who should succeed to the estate. The Gordon siblings claimed that language in the second bond, making it payable to Grizel, “her heirs, executors, and assignees,” altered the substitution in their favor. According to marginalia on the case documents, the court preferred Elizabeth Wallace.
Subjects: Succession

Published Report

Not Reported

Litigants

People or Organizations Associated with Case

Named in case documents:
Henrietta Dundas, Legatee
Margaret Dundas, Legatee
Anne Dundas, Legatee
Lord Robert Dundas, of Arniston, Debtor and trustee to Grizel Gordon
Rev. Robert Wallace, Trustee to Grizel Gordon
George Wallace, Trustee to Grizel Gordon
Charles Robertson, Trustee and factor to Grizel Gordon
Margaret Buchanan, Sister of Janet Buchanan and mother of Grizel Gordon
Charles Dundas, Esq., Debtor
Bailie Blinshall
James Newbigging, Clerk to Robert Dundas
Robert Gordon, Father of Defenders
Grizel Gordon, Decedent and heir to Janet Buchanan
Janet Buchanan, Settlor
David Duncan, Spouse to settlor
Lord Ordinary:
Robert Bruce, of Kennet, Lord Kennet
Advocate for Defender:
Robert MacQueen, Lord Braxfield
Henry Dundas, 1st Viscount Melville
Advocate for Pursuer:
John MacLaurin, Lord Dreghorn
George Wallace