Special Case – James Mackintosh and Miss Emily Maria Mackintosh, Alexander Hay Miln and Others: HL 19 May 1873

In an entail of one of his estates a party bound himself and his heirs and executors to relieve the lands of his debts and obligations. Subsequently, in an antenuptial contract of marriage he burdened the entailed estate with an annuity to his widow. Held (reversing judgment of the First Division) that the heir of entail was entitled, out of the general estate, to relief of this annuity.
[1873] UKHL 447, 10 SLR 447
Bailii
Scotland

Updated: 29 September 2021; Ref: scu.652914