Date of Decision: 21 Jan 1767
Abstract: The Pursuer, Helen Binning, sought 500 merks (Scots) willed to her father as aliment by her grandfather in a 1733 deed of settlement. The Pursuer's father, Patrick Binning, died young, after marrying at age sixteen. The parties in this case disagreed over whether or not Patrick married with the consent of his father. Helen, the only child of the marriage, was raised in her grandfather's home after the death of her father. The Defender, James Binning, was Helen Binning's uncle, eldest son of James Binning the elder. The Defender claimed that since his brother, Patrick Binning, died before reaching majority and before his father's death, Helen Binning's claim to her father's aliment payment was invalid. Upon the death of Margaret Binning, Helen's grandmother, in 1762, Helen brought action before the sheriff of Linlithgow against her uncle for payment of the 500 merks.
Subjects: Provision to Heirs and Children, Aliment, Succession, Testament

Published Report

Halkerston, Compendium (1819), 389 William Morison, The Decisions of the Court of Session (1811), 13047


Helen Binning, Grandchild of Settlor
John Hamilton, Husband of Helen Binning
James Binning, Eldest son of Settlor

People or Organizations Associated with Case

Named in case documents:
James Binning, Settlor
Helen Glendinning, Wife of Settlor
Patrick Binning, Younger child of Settlor and Father of Pursuer
Margaret Binning, Younger child of Settlor
Lord Ordinary:
Sir David Dalrymple, Lord Hailes, 3rd Baronet of Nova Scotia
Advocate for Pursuer:
Henry Dundas, 1st Viscount Melville
Advocate for Defender:
Arthur Cockburn