Date of Decision: 21 Jun 1770
Abstract: Defender Walter Scott is a trustee for the late Thomas Cockburn, writer in Edinburgh. Cockburn originally planned to leave much of his estate to his nephew, John Simpson. Learning of Simpson's shortcomings as a businessperson, Cockburn changed his will to set up a trusteeship. Under the trusteeship, his wife Elisabeth Campbell and his nephew John Simpson would receive annual incomes. Cockburn designed the trusteeship to ward off any creditors of Simpson. Cockburn died on December 2, 1765. On July 31, 1769, an arrestment was used at the instance of pursuer Edward Tyson, acting as executor for the late John Watson, merchant in London. Tyson arrested all of Simpson's goods to cover outstanding debts. Tyson now seeks to collect assets from the Cockburn estate, which Scott rejects.
Subjects: Trust

Published Report

Not Reported

Litigants

Pursuer:
Edward Tyson
Defender:
Walter Scott

People or Organizations Associated with Case

Advocate for Defender:
Henry Dundas, Viscount Melville
Named in case documents:
Thomas Cockburn, Decedent
John Simpson, Nephew of decedent Thomas Cockburn

Organizations