Legal Subject: Legacy

Case Date Legal Subject Abstract
Binning v. Binning 1766 Succession, Testament, Aliment, Debt, Deed, Legacy 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.
Burden alias Campbell v. Campbells and Robertson 1791 Succession, Aliment, Creditor, Legacy, Multiple-Poinding, Disposition Mrs Elizabeth Burden, alias Campbell, pursued the Campbells and Robertson as heir of her predeceased son John Campbell, claiming entitlement to his share of the residue of Duncan Campbell’s estate under the will’s substitution clause. She subsequently advanced additional claims under both the will and intestacy law, citing precedent for representative succession. The dispute centered on whether a mother could represent her deceased son to recover his portion of the inheritance under these competing theories of succession.
Coventry v. Lord Hailes' Interlocutor 1787 Succession, Legacy, Liferent, Aliment, Testament, Debt Robert Coventry presented a petition challenging an interlocutor pronounced by Lord Hailes. Based on the single document cataloged for this case.
David and Henry Lillie v. Mrs. Lillie or Smith, and Others 1832 Succession, Debt, Creditor, Legacy, Disposition, Aliment David and Henry Lillie pursued Mrs. Lillie or Smith and others to prove the tenor of a holograph letter written by Miss Margaret Seton that their sister Catherine Lillie had destroyed, asserting that the letter directed legacies to them. The defenders denied that the letter contained any such bequests in favor of the pursuers. The pursuers lodged a revised condescendence and note of pleas in law, the defenders answered, and the pursuers subsequently led proof regarding the contents of the destroyed letter.
George Mackenzie v. Henrietta Cockburn 1767 Succession, Debt, Aliment, Will, Legacy, Creditor William Alves, a doctor in India, left his entire estate to defender Henrietta Cockburn, his aunt. However, William’s will provided that if Cockburn predeceased him, the estate would go to Basil Alves, his brother, with legacies to other relatives including pursuer George Mackenzie, William’s uncle. Although Cockburn survived William, Mackenzie sought to collect the legacy.
In re Jean Alexander 1779 Debt, Ranking of Creditors, Adjudication, Assignment, Legacy, Ranking and Sale Jean Alexander, petitioner, held a bond on behalf of a French niece of her father, William Alexander, deceased Lord Provost of Edinburgh. The obligants on the bond were her brothers Robert and William. However, the former was deceased and the latter was bankrupt, and she had failed to produce her interest in time for a process of ranking upon William's estate. She petitioned the Court to have it inserted after the fact.
Oliver Melvil v. Mr Robert Arnot, Minister at Ceres 1782 Debt, Homologation, Reduction, Bill of Exchange, Legacy, Disposition While still a minor, acting jointly with his father, pursuer Oliver Melvil granted two bills to defender Robert Arnot. Shortly after reaching the age of majority, Oliver subscribed an account statement between his father and Robert Arnot, which included the bills. Oliver subsequently raised an action to reduce the bills on the ground that he granted them during his minority. Arnot responded that Oliver had ratified the bills by subscribing the account statement.
The Trustees of the late Robert Vans Agnew v. Mrs Frances Dunlop or Agnew & Others 1832 Debt, Succession, Disposition, Expenses, Assignation, Legacy The Trustees of the late Robert Vans Agnew maintained the validity of a disposition dated 1808 against Mrs Frances Dunlop or Agnew and others, lodging an additional appendix to their reclaiming note that asserted the deed remained binding upon the defenders. The Earl of Galloway and J. A. S. M'Kenzie subsequently reclaimed against an interlocutor pronounced by Lord Fullerton, petitioning the Court to alter that determination.
Tyson v. Scott 1770 Trust, Debt, Succession, Legacy, Executor, Power of Attorney Defender Walter Scott was 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 of Simpson's creditors. 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 who claimed to be a creditor of Mr. Simpson and Thomas Young, partner in business to Mr. Simpson. Tyson arrested all of Simpson's goods to cover outstanding debts. Tyson sought to collect assets from the Cockburn estate.

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