JAMES THORBURN'S TRUSTEES v JOHN THORBURN'S TRUSTEES (Court of Session)

James Thorburn died in 1830, and was survived by all his brothers and sisters. He left landed property worth about L.10,000, and L.1500 of bank deposits.

A claim was lodged for the trustees of John Thorburn, in which they pleaded—1 st , John Thorburn's share and interest in the means and estate of the said James Thorburn, under the said trust-deed, was moveable, and vested in the said John Thorburn; Angus v. Angus, 6th Dec. 1825. 2 d , John Thorburn's said share and interest in the means and estate of James Thorburn was effectually conveyed to the claimants by the said holograph settlement; and they are entitled to uplift and receive the same, as trustees, for the purposes of the trust created by John Thorburn.

The Lord Ordinary pronounced the following interlocutor: ‘The Lord Ordinary having heard counsel for the parties, and having afterwards considered the record, productions and whole process, In respect the late John Thorburn died before the period of division specified in the trust-deed, finds, that his share of the succession did not vest in him previous to his death; therefore prefers the trustees of the late James Thorburn, Esq. of Kelton, to the fund in medio, and decerns in the preference accordingly; finds no expenses due.’

No good reason is stated for suspecting that the trustees improperly postponed the period of division.’

Lord Ordinary, Corehouse. Act. Dean of Fac. (Hope,) Moir. Alt. D. M'Neill, Anderson. M. Thorburn, W. S. and Archibald M'Neill, W.S. Agents. D. Clerk.