Date of Decision: 24 Nov 1802
Abstract: Thomas Durham, brother of Sarah and Janet Durham, died without issuing any settlement of disposition over the lands of Foulshiells. The lands of Foulshiells belonged formerly to Thomas Hamilton of Boghead, who was the great-grandfather of Thomas, Sarah and Janet Durham. Sarah claimed that she was the only one entitled to inherit the lands before mentioned without division, as heir-female and older sister, in virtue of the language of the old title-deeds. Also, she pointed out that Mr. Hamilton's intention was to transfer the land to anyone called to succeed (heirs in line) without division. He expressly mentioned it in the deed and it had been transferred like that. On the other hand, Janet argued that she had a joint right to the lands before mentioned with her sisters, as heir-portioner. Finally, the Court found that Sarah had the sole right of the lands as the older sister of Thomas.
Subjects: Prescription, Heir, Prescription, Succession

Published Report

William Morison, The Decisions of the Court of Session (1811), 11220

Litigants

Pursuer:
Sarah Durham, Spouse of Major William Shillinglaw
Defender:
Janet Durham, Spouse of Alexander Weir

People or Organizations Associated with Case

Named in case documents:
Thomas Durham
Thomas Hamilton , Esq

Organizations