Date of Decision: 1767
Abstract: Helen Brebner, as executor for her deceased husband, gave her brother, Alexander Brebner, use of select estate funds. Helen won an action to retrieve this money from Alexander, and he challenged this judgement. Helen's husband, James Frigge, died in 1756, after naming Helen executor of his considerable finances, which consisted mainly of bills and bonds. When Helen received money for payments of debts due to her former husband, she allowed her brother Alexander use of these funds. Helen claimed that she put the money in Alexander's hands after he advised her that allowing him to invest the money in trade would increase the funds. Helen argued that as Alexander's credit declined and as he fell into debt, she sought to get back the money, which he refused. Alexander claimed, alternatively, that Helen had put the money in his hands for security as she drew on him for funds as needed. Eventually, Alexander argued, he became dissatisfied with Helen's management of the finances and refused to allow Helen any additional money. Alexander offered Alexander Ogilvie of Culvie as his cautioner, to which Helen did not consent based on the state of his finances.
Subjects: Arrestment, Cautioner

Published Report

Not Reported

Litigants

Pursuer:
Alexander Brebner, Sister of Defender
Defender:
Helen Brebner, Brother of Pursuer

People or Organizations Associated with Case

Named in case documents:
James Frigge, Late husband of Helen Brebner
Alexander Ogilvy, Alexander Brebner wanted Ogilvy accepted as his cautioner

Organizations