George Barnet and Others v Alexander Barnet and Others: HL 27 May 1873

This was an appeal from a decision of the Second Division. Certain conjoined actions were raised relating to the succession of the late James Barnet, innkeeper, of Old Meldrum, and owner of the estate of Hillhead of Pitfodels. The heritable estate was worth about pounds 350 a-year, and there was a sum of about pounds 11,000 of personal estate. Mr Barnet left a trust disposition and settlement in favour of Alexander Burness, Esq., of Mastrick, Dr Paul of Banchory, and another, conveying to them his whole heritable and moveable estate, and directing them to dispose of the estate according to instructions which he would leave. He did not leave any instructions, and the result was that he died intestate. Various parties soon appeared, claiming propinquity to the truster, and the representatives of the Crown claimed the estate on the ground that he left no relatives. The whole of these parties were brought into the field by an action of multiplepoinding. Ultimately there were two parties. One set of relatives were headed by Alexander Barnet, and others, the respondents; a second party was headed by George Barnet, and others. The appellants’ evidence at great length was taken, and the Lord Ordinary held that the evidence preponderated in favour of Alexander Barnet’s party. The Second Division in substance affirmed this judgment; thereupon the present appeal was brought.
[1873] UKHL 452
Bailii
Scotland

Updated: 11 August 2021; Ref: scu.652912