Date of Decision: 2 Aug 1771
Abstract: John Macculloch's estate which possessed a considerable land-estate in the stewarty of Kirkcudbright and shire of Wigtoun, was subject to a settlements containing strict prohibitive, irritant, and resolutive clauses. On the death of Old Macculloch in 1749, the succession opened to John Macculloch elder, a defender. John Macculloch Elder, for himself, and as administrator in law for his children executed a new entail of what remained of the estate, in favour of himself in liferent, and to John Macculloch his son in fee, and the heirs-male of his body; whom failing, to his other sons and their heirs; whom failing, to his daughters and their heirs; whom failing, to his sister Isobel Gordon; whom failing, to Alexander Gordon her eldest son, and the heirs-male of his body; and whom failing, to the said John Macculloch’s nearest heirs whatsoever. Then he became oppressed with debts, so in 1769, Barholm the elder, and Barholm the younger, revoked the entail, and granted a disposition of the whole estate to James Dewar of Vogrie. Alexander Gordon, eldest son of Isobel, brought a reduction of the revocation and disposition. Also, Jean Macculloch, eldest daughter of John Macculloch Elder of Barholm, claims that she is entitled to certain property of the estate-- by virtue of a tailzie executed by her great-grandfather, thus her father John Macculloch elder cannot alter the rights to the land.
Subjects: Tailzie, Entail

Published Report

William Morison, The Decisions of the Court of Session (1811), 15579 Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), 432

Litigants

Pursuer:
Jean Macculloch, Eldest daughter of John Macculloch IV of Barholm
Alexander Gordon, of Greenlaw and Culvenan, Son of Isobel Macculloch and William Gordon
Defender:
James Dewar, of Vorgrie, Esq
John Macculloch V, of Barholm
John Macculloch IV, of Barholm, Brother of Isobel Gordon. He succeeded his Grandfather John Macculloch of Barholm and was the maker of the entitled

People or Organizations Associated with Case

Named in case documents:
Isobel Macculloch, of Culvenan
John Macculloch III, of Barholm, He executed a very strict and strange settlment and entail of his estale in 1742. The Grandfather of the defender.
Advocate for Pursuer:
George Wallace
Advocate for Defender:
Robert McQueen
Lord Ordinary:
John Campbell, Lord Stonefield
Hew Dalrymple, Lord Drummore