While his natural son William was abroad in Jamaica, John Duncanson of Maxpoffle executed a settlement. The settlement granted Maxpoffle to certain trustees for William’s benefit, and failing William, for the benefit of John Chatto. The settlement also provided that the trustees should denude themselves of their right to the land, in favor of William, upon his return to the country. William returned to Scotland after his father’s death, and the trustees transferred Maxpoffle to him. William later died without issue, and his wife Gallacina Potts was advised that the estate fell to the crown. She therefore applied to the Barons of Exchequer for a gift of bastardy. John Chatto intervened, laying claim to the lands by virtue of John Duncanson’s settlement; Chatto was later permitted to bring a declaratory proceeding before the Court of Session. There, Potts argued that Chatto was a conditional institute rather than a substitute, meaning that he was entitled to inherit only if William predeceased John.
Documents in this case (1)
People involved
- Officers of State — Defender
- Gallacina Potts — Defender
- John Chatto — Pursuer
- Alexander Chatto — Pursuer
- Adam Rolland, of Gask — Advocate for Defender
- Sir David Rae, Lord Eskgrove, 1st Baronet — Lord Ordinary
- William Duncanson, of Maxpoffle — Named in case documents
- John Duncanson, of Maxpoffle — Named in case documents
- Andrew Fisher, of House-byres — Named in case documents
- Nicol Stenhouse — Named in case documents
- John Mercer — Named in case documents
- Betty Mathew — Named in case documents
- Jane Mathew — Named in case documents
- Barons of Exchequer — Named in case documents
- John Halyburton, of Muirhouselaw — Named in case documents
- Thomas Potts — Named in case documents
Places
While his natural son William was abroad in Jamaica, John Duncanson of Maxpoffle executed a settlement. The settlement granted Maxpoffle to certain trustees for William’s benefit, and failing William, for the benefit of John Chatto. The settlement also provided that the trustees should denude themselves of their right to the land, in favor of William, upon his return to the country. William returned to Scotland after his father’s death, and the trustees transferred Maxpoffle to him. William later died without issue, and his wife Gallacina Potts was advised that the estate fell to the crown. She therefore applied to the Barons of Exchequer for a gift of bastardy. John Chatto intervened, laying claim to the lands by virtue of John Duncanson’s settlement; Chatto was later permitted to bring a declaratory proceeding before the Court of Session. There, Potts argued that Chatto was a conditional institute rather than a substitute, meaning that he was entitled to inherit only if William predeceased John.
