Earl of Northesk v. Petitioner

Subject_1 Entail Subject_2 Succession Subject_3 Testamentary Deed Subject_4 Heirs Whatsoever — Heirs Whatsoever of the Body — Flexibility of term “Heirs Whatsoever” — Necessary Implication. Facts: Terms of deeds of entail on a construction of which held that the term “heirs whatsoever” was intended to mean, and must be read as meaning, “heirs whatsoever of the body.”

Part of the estate of L. was acquired by a railway company under parliamentary powers, and the compensation consigned under the Lands Clauses Consolidation (Scotland) Act 1845. The heir in possession of the two estates having executed permanent improvements on both E. and L., applied to the Court for authority to uplift the consigned money in repayment of his expendi ture on both estates. Held , on a construction Page: 63 ↓

This was a petition by the Right Hon. George John Earl of Northesk for authority to uplift and apply consigned money in repayment of expenditure on permanent improvements on the entailed estates of Ethie and Lunan, both situated in the county of Forfar, of which estates he was heir in possession under two separate deeds of tailzie.

Prior to June 1879 the North British, Arbroath, and Montrose Railway Company, afterwards amalgamated with the North British Railway Company, acquired three separate portions of the entailed lands of Lunan, held under the Lunan entail, the compensation therefor being fixed under the Lands Clauses Consolidation (Scotland) Act 1845 at a sum amounting in all to £2475, 0s. 11d., which sum was consigned in bank on 14th June 1879.

The petitioner had expended upon permanent improvements on Ethie and Lunan a sum ascertained and reported by the reporter appointed by the Lord Ordinary to amount to £3121. This sum was expended on five farms, of which two were part of Lunan, and the remaining three were part of Ethie. The amount expended on the Lunan farms was £928, 6s., on the Ethie farms £2193, 4s. 6d.