Simon Lord Lovat v Sir James Mackenzie, of Roystoun, One of The Senators of The College of Justice; Roderick Mackenzie, Second Son of Alexander Mackenzie, Late of Fraserdale, and His Guardian; Mrs Emilia and Margaret Frasers: HL 13 Apr 1727

Donator of Esobeat competing with a Trustee – A father conveys his estates to a trustee for certain purposes; after the father’s death, the trustee sells part of his estates, and bond for the price is taken in the name of the trustee’s sons who of same date grants a back bond to the trustee, in terms of the father’s trust deed; the son is afterwards denounced for treason, and his escheat granted to a donator, but he subsequently grants an assignation to his father’s trustee, which, in a competition with the donator, is sustained.
Trustee – The creditors of a trustee could not affect the trust estate.
Competition of Creditors and Children – Certain creditors being preferred to a sum set apart for children’s provisions, the creditors are ordained, upon receiving payment, to convey their rights to the children, to enable them to operate relief on other subjects of the debtor.
Consent of Party – The donator who consented to a decree of preference to the children, having contended that this consent did not extend to the creditors, who were preferred to the children, and petitioned to be heard against them, the prayer is refused.

[1727] UKHL Robertson – 607, (1727) Robertson 607


Updated: 05 January 2022; Ref: scu.554241