Edmonstone and Another (Lumsden's Trustees) v. Seton and Others

Subject_1 Succession Subject_2 Marriage-Contract Subject_3 Bond and Disposition in Security Subject_4 Heir and Executor — Real Burden — Obligation ad factum præstandum. Facts: An obligation to transfer into the names of certain parties a certain amount of Consolidated Bank Annuity stock is an obligation ad factum præstandum , and being of a definite nature, may, along with an obligation to pay interest until fulfilment, be validly imposed as a real burden upon land.

In an action against these parties at the instance of the marriage-contract trustees, held that the bonds and dispositions insecurity created good and effectual securities over the lands thereby disponed, and that the heirs or gratuitous disponees took the lands under burden of the said securities without relief against the executors.

By disposition and settlement dated 28th October 1867 Mr Lumsden granted and disponed the lands of Guisway or Cushnie to his wife Mrs Susanna Edmonstone or Lumsden, in the event of her surviving him, in liferent, for her liferent use allenarly, and to the heirs of his body in fee, whom failing to certain other parties. The disposition and settlement was recorded in the Register of Sasines on September 17, 1886.

Mr Lumsden died on 19th November 1867, and up to that date he had regularly paid and accounted for the interest or dividends on the two sums of £5000 and £3500 consols; but had not retransferred these stocks to the trustees under his marriage settlement.

In virtue of the disposition and settlement Mrs Lumsden succeeded on Mr Lumsden's death to the estate of Guisway, and enjoyed the life-rent of it till her death on 18th April 1886. She was succeeded by Sir William Samuel Seton.