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In 1819, Mr Home executed an alteration in the entail, so far as regarded the nomination of heirs; and, of the same date, he executed a new trust-deed, containing the following terms:
In 1830, one of the trustees (Mr Molle) became bankrupt, and his estates were sequestrated, and he resigned the office of trustee; whereupon James Hunter presented a bill of suspension against Turnbull acting as trustee. A partial interdict was granted, and an order given for answers, which, however, were not lodged.
In answer to this last objection it was stated, that the appointment of Mr Milne was essential, an arrangement being in contemplation, in the event of his nomination, for the discharge of the whole debts, and the winding up of the trust-affairs.
On the part of Mr Turnbull, it was stated, that he was ready to acquiesce in any interim appointment by the Court, while the rights of the different parties, under the several deeds of nomination, were under discussion.
After hearing counsel, the Court ‘in the meantime sequestrate the rents, profits, and issues of the lands and estates of Billie, mentioned in the trust-deed referred to, and appoint Mr David Milne, advocate, to be judicial factor ad interim on said estates, with the usual powers, on his finding caution before extract, in common form .’
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Common Room
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