Date of Decision: 7 Mar 1799
Abstract: While working abroad in the service of the East India Company, Lieutenant Duncan Stewart remitted £1000 to Scotland. He assigned a power of attorney to William Stewart and John Taylor, allowing them to manage the money. Lieutenant Stewart directed the men to invest his money in heritable securities and give the interest to certain family members. He died in India, leaving a holographic memorandum of a will that provided for the money in Scotland to be “applied in the manner already directed.” Lieutenant Stewart’s executors initiated a court proceeding to determine who was entitled to the £1000. The court determined that the fund was heritable property that should pass to Lieutenant Stewart’s heir-at-law, his sister Elizabeth Stewart Bowman. Bowman then died, leaving the residue of her estate to her natural son Lieutenant Alexander Graeme. Lieutenant Graeme claimed that he was entitled to the £1000 based on Mrs. Bowman’s will. However, Duncan Stewart, Lieutenant Stewart’s cousin in Jamaica, claimed that he was the Lieutenant’s heir-at-law and should inherit the money because the £1000 was a heritable subject and Bowman never made up a title to it. Case documents include a reproduction of Lieutenant Stewart's detailed memorandum disposing of his personal effects.
Subjects: Service and Confirmation

Published Report

William Morison, The Decisions of the Court of Session (1811), 14407


People or Organizations Associated with Case

Advocate for Pursuer:
J. Wolfe Murray
Henry Erskine
Named in case documents:
Margaret Stewart, First cousin of Decedent
William Watson, Cousin of Decedent
John Kennoway, Legatee
Charles Morgan, Colonel
Donald Macqueen, Cousin-in-law of Decedent
George Wilkie, Cousin-in-law of Decedent
Harry, Named in Decedent's memorandum of will
Mary Stewart, First cousin of Decedent
Duncan Campbell, Cousin of Decedent
Archdeacon, Legatee
Duncan Stewart, Affiant
Duncan Stewart, Cousin-in-law of Decedent
Archibald Campbell, Cousin of Decedent
William Duncan, Legatee of Decedent
Allan Cameron, Affiant
Wm. Rae, Advocate for Memorialists
Ann Stewart, First cousin of Decedent
William Stewart, Trustee for Decedent
Cowe, Legatee
James Maclehofe, Judge in Jamaica
Donald Macdonald, Cousin-in-law of Decedent
David Scott, Decedent's Executor in India
W. Ross Munro, Legatee and Declarant
George Atkinson, Notary public
Mrs. Campbell, Aunt of Decedent
John Mackenzie, Borrower of trust funds
James Munro, Legatee
Alexander Lindsay, Earl of Balcarres, Attestor
Patrick Campbell, Uncle of Decedent
Oliver Gourlay, Borrower of trust funds
Welsh, Legatee
East India Company
Elizabeth Campbell Watson, First cousin of Decedent
David Balfour, W.S., Agent for borrower of trust funds
Cockerell, Legatee
John Watson, Cousin-in-law of Decedent
Mrs. Cameron, Aunt of Decedent
A. Kyd, Legatee and Declarant
William Stewart, Father of Decedent
Mary Watson, Cousin of Decedent
Alexander Cameron, Late husband of Decedent's Aunt
Goddard, Legatee
Barbara Stewart, Mother of Decedent
Jean Watson, Cousin of Decedent
Mrs. Campbell, Aunt of Decedent
J. Collins, Legatee
Duncan Stewart, Lieutenant, Decedent
Patrick Watson, Cousin of Decedent
Captain Campbell, of Auchuaran, Late husband of Decedent's Aunt
B. Stewart, Legatee
Elizabeth Stewart Bowman, Sister of Decedent
Elizabeth Watson, Cousin of Decedent
Mrs. Stewart, Aunt of Decedent
Saubory, Legatee
Edward Bowman, Brother-in-Law of Decedent
Alexander Watson, Cousin of Decedent
John Stewart, Late husband of Decedent's Aunt
Pickle Taylor, Legatee
Alexander Stewart, Uncle of Decedent
Steuart Watson, Cousin of Decedent
Mrs. D. Scott, Legatee
T. Fleming, Declarant
Alex. Youngson, W.S.
Jo. Taylor, W.S.
Geo. Robinson, W.S
Trustee/Tutor/Representative for Pursuer:
Matthew Montgomery
Robert Ainslie, W.S.
Advocate for Defender:
Will. Honyman
Charles Hay
Mat. Ross
Lord Ordinary:
Lord Hailes
William Craig, Lord Craig
H. Clk.

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