Date of Decision: 1767
Abstract: James Ure of Shirgarton, W.S., executed a settlement of his estate in favor of his nephew James. The settlement also named a series of substitutes, including any heirs-male born of John Wright of Easter Glinns and Christian Ure, Shirgarton’s sister. After Shirgarton died, his brother John challenged the settlement on the ground that it was executed on deathbed. With the settlement’s validity in question, John and young James came to an agreement that gave John a life rent and promoted Mary Ure, young James’s sister, in the line of succession. Mary eventually succeeded to her brother’s fee. After many years, however, Thomas Wright, the son of John Wright and Christian Ure, sought to void the titles held by John and Mary. In response, John renewed his action to void the alleged deathbed deed. Case documents discuss issues relating to the proof of certain facts, including Shirgarton’s health when the settlement was executed and alleged efforts to influence witnesses.
Subjects: Deathbed, Succession

Published Report

Not Reported

Litigants

People or Organizations Associated with Case

Named in case documents:
Mary Leckie, Witness
Helen Cunninghame, Witness
Robert Chrystal, Witness
George Harvey, Witness
John Lockhart, of Dunnimerg, Witness
Mr. Graham, of Buchlyvie, Witness
Andrew Morison, Witness
William Wilson, Esq., of Soonhope, Haver
John Rae, Witness
James Fogo, Haver
John Smith, Prospective witness
William Macewan, Haver
Mr. James Gray, Witness
Dr. Walter Stirling, Witness
James Ure, of Shirgarton, Decedent
Duncan Harvey, Witness
William Galbraith, of Blackhouse, Witness
William Ure, Brother of Decedent
Walter Monteith, Witness
James Ure, Witness
Archibald Ure, Brother of Decedent
George Lockhart, Witness
James Chrystal, Father of Witness
James Ure, Nephew of Decedent
Mr. Turnbull, Minister in Kippen
John Yooll, Named in testimony
Mary Ure, Niece of Decedent
George Moir, of Leckie, Haver
Duncan Chrystal, Named in testimony
Duncan Glasford, Husband of Mary Ure
Margaret Graham, Witness
John Leckie, Named in testimony
Christian Ure, Sister of Decedent and Mother of Defender
Robert Anderson, Witness
John Wright, of Easter Glinns, Father of Defender
Alexander Paterson, Witness
Janet Turnbull, Witness
Janet Douglas, Witness
Advocate for Pursuer:
Sir Ilay Campbell, Lord Succoth, 1st Baronet of Succoth
Advocate for Defender:
Robert Cullen, Lord Cullen
Lord Ordinary:
Robert Bruce, of Kennet, Lord Kennet
James Ferguson, 2nd Laird of Pitfour, Lord Pitfour