GEORGE RICHARDSON JOHNSTON & Ors v MRS JANE WHITTET or GREIG & Ors (Court of Session)

John Whittet had two daughters, Jane, afterwards Mrs Greig, the defender in the present action, and Margaret, who died in 1800, leaving, by her husband, William Glen Johnston, two infant children, Wilhelmina and John Whittet Johnston.

In December 1820, a state of accounts was adjusted between John Whittet Johnston and the defender Mr Greig, on behalf of his wife, from which a balance was brought out of principal and interest on this legacy of L.7047: 3: 9. Of this sum, L.1047: 3: 9, as part of the arrear of interest, was paid, the residue of that arrear, viz. L.1000, was held by the parties to be a capital, bearing interest.

This letter was proved to have been put into the Post-office, but Mr Greig stated that he had no recollection of ever having received it.

Upon the death of Mr Johnston being known in this country, Mrs Greig obtained herself served nearest and lawful heiress of provision in special to him in the above lands and annualrents, and then she and her husband granted a precept of clare constat for infefting her as heiress of provision, and upon which she was infeft. A similar precept of clare constat was granted for infefting Mrs Greig as nearest and lawful heiress of provision in special to Wilhelmina Johnston, upon which she was also infeft.

Another action also depended between the same parties, arising out of the succession of Mrs Whittet, widow of Mr John Whittet. She survived her husband several years, and died in October 1821. Mr Whittet by his settlements had allowed his widow to dispose of a sum of L. 500.