A person disponed heritable estate to persons in a certain order of succession ‘under this declaration, burden, and condition, that in the event of any part of the said lands and estate . . that may remain unsold at my death being thereafter sold or disposed of or excambed by any proprietor or possessor of the same, or adjudged or attempted to be adjudged or carried away in any manner of way for his or her debt, that then and in any of these events there shall be paid out of the price of the lands . . if and when sold, or created a real lien and burden upon the same if they shall remain unsold, to and in favour of such of the children of G. F. as may then be in existence, or to their heirs equally to and among them, the sum of pounds 10,000.’ . . One of the proprietors of the estate under this disposition gratuitously disponed it to a line of heirs so that shortly the estate would be given to a person not within the line originally pointed out.
Held that there was an obligation upon such person on succeeding to the estate to create a real burden over it for the sum of pounds 10,000 in favour of the children of G. F. or their heirs.
Judges:
Lord Kyllachy, Ordinary
Citations:
[1892] SLR 29 – 534
Links:
Jurisdiction:
Scotland
Wills and Probate
Updated: 18 August 2022; Ref: scu.613479