Miss Anna Bruce v James Bruce Carstairs, Esq: HL 11 Jan 1773

Entail – Exercise of Power – Provision.- In an entail power was given to the heirs of entail to burden the estate with provisions to their husbands, wives, and children, ‘such as the estate could conveniently bear and allow.’ In 1748 the heir in possession burdened it with a provision of andpound;1000; and thereafter, in 1759, burdened it with a second bond of provision to the same party for andpound;1000. Held, in an action for payment of both bonds, that the heir in possession had not exceeded his powers, and that by the first bond his powers were not so exhausted as to prevent him from granting the second.

[1773] UKHL 2 – Paton – 329, (1773) 2 Paton 329


Updated: 13 January 2022; Ref: scu.561813