A brother and sister who were at issue as to which of them had right to succeed to an entailed estate, entered into an agreement that the sister, in case she should be found entitled to have the estates entailed on her, should ‘allow’ to the brother ‘the one-half of the free rental of the estates during all the days and years of her life, and she binds and obliges herself and her representatives to make payment to him of the said free rental accordingly.’ The brother entered into a similar obligation, to take effect if be should be found entitled to have the estates entailed on him. The sister was found entitled to have the estates entailed on her, and she paid half the rents to her brother till his death. Held ( rev. judgment of First Division) that she was bound during her life to continue to pay one-half of the rents to his executor.
Judges:
Lord Chancellor Halsbury, Lords Watson, Bramwell, and Fitzgerald
Citations:
[1886] UKHL 387, 23 SLR 387
Links:
Jurisdiction:
Scotland
Land
Updated: 04 July 2022; Ref: scu.637728
