Lovat v Emilia Lady Dowager of Lovat Mackenzie an Infant and Others: HL 1 Apr 1721

A disposition is made of an estate to one person in life-rent, and to others in fee, with the burden of payment of the grantor’s debts: in a competition between the grantee of the life-rent escheat of the life-renter, and the debtors of the grantor of the disposition, the Court found that these debts were real, and did affect the estate; but their judgment is reversed.
A grantor of a deed declares, that if children’s portions are not paid in his lifetime, persons whom he names may appoint a factor, after his death, to receive certain rents, and pay these portions: these portions were real debts affecting the estate

[1721] UKHL Robertson – 355


Updated: 05 January 2022; Ref: scu.553669