If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.

Thank you very much for your support!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Watherstone v Rentons. [1801] Mor 4297 (25 November 1801)
URL: http://www.bailii.org/scot/cases/ScotCS/1801/Mor1004297-075.html
Cite as: [1801] Mor 4297

[New search] [View without highlighting] [Printable PDF version] [Help]


[1801] Mor 4297      

Subject_1 FIAR.
Subject_2 DIVISION III.

Whether a fee can be in pendente.

Watherstone
v.
Rentons

Date: 25 November 1801
Case No. No 75.

A disposition taken to a husband and wife in conjunct-fee and liferent, to the longest liver, for their liferent-use allenarly, and to their children in fee, conveys only a liferent of the subject to the parents, who hold the fee fiduciarie for their children.


Click here to view a pdf copy of this documet : PDF Copy

James Watherstone of Kirktonhill, in the year 1781, disponed the lands of Trabown to his daughter Christian, and to George Renton her husband, in conjunct-fee and liferent, and to the longest liver “for their liferent-use allenarly, and to the children procreated, or to be procreated of the marriage, equally in fee.”

Doubts having arisen with respect to the interpretation of this deed, whether it conveyed to the immediate disponees an absolute or a fiduciary fee, an action of declarator was brought at their instance, in which their children were called as defenders, to have it found that they had the power “to sell or dispose of the lands, either for onerous or gratuitous causes.”

The Lord Ordinary reported the cause, but the Court were clearly of opinion, that the point was already fixed, and that after the decision of the House of Lords in the case of Newlands, No 73. p. 4289, they were not at liberty to decern, agreeable to the conclusions of the declarator.

They accordingly found, that there was only a fiduciary fee in the pursuers.

Lord Ordinary, Meadowbank. Act. Macfarlan. Agent, G. Tod. Alt. Maconochie. Agent, J. Dickson. Clerk, Menzies. Fac. Col. No 5. p. 11.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1801/Mor1004297-075.html