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This was a process of multiplepoinding brought by the trustees of the late James Aberdein, merchant in Dundee, for the purpose of distributing his estate. The question arose upon the construction of the deceased's settlement, which, after providing annuities to his two sons, James and John, provided as follows:—
The Court, while regarding the case as one of difficulty, were of opinion that there was sufficient evidence of the testator's intention to divide his property equally among his grandchildren. The grounds of judgment, as stated by the Lord Justice-Clerk, were shortly these—(1) It was clear that the truster intended to dispose of his whole property; (2) The residuary bequests were to take effect only in the event of both sons dying without issue; (3) In no part of the deed was there any indication that one grandchild shall receive more than another.
Agents for Younger Children— James Webster , S.S.C., and N. M. Campbell , S.S.C
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