James Hamilton of Dalzell, Esq; Ex Parte v James Hamilton Brother To William Hamilton, of Orbiestoun, Deceased, and The Creditors of The Said William Hamilton, and James His Son: HL 18 Apr 1724

Service of heirs – An estate being disponed to a father and sailing him to his eldest son, and the heirs male of his body, with other subsitutions; and the eldest son having survived the father was infeft thereon, and died afterwards without serving heir to him: the Court found the right to the estate not fully vested in the son without a service, but the judgment is reversed upon appeal.
Death-bed – The Court having found that death-bed could be pleaded by an heir cut off by two prior deeds, and by creditors, the judgment is reversed.
Did, contracting the sickness at the time of executing the deed, constitute death-beds?
Fiar absolute limited – A father grants an absolute dispsition to his son, which is not completed by infeftment or by making up schedules in term, thereof the son afterwards joins with the father in making two new settlements of the estate, and the father who still continued in possession grants and position to a third party, after the son’s death; the Court having found these posterior dispositions were not of prejudice to the son’s creditors, the judgment is reversed.

[1724] UKHL Robertson – 493, (1724) Robertson 493

Scotland, Trusts

Updated: 05 January 2022; Ref: scu.553904