M'Caig and Others

On 27th October 1861 Mr Smith, her executor, raised an action of multiplepoinding and exoneration in the Court of Session for the purpose of having the executry estate divided There was, inter alia , a competition between the eldest son of Patrick Maitland, John Maitland of Freugh, and the younger children of Patrick Maitland. This competition related both to the amount of the residue and the time of division.

The younger children of Patrick Maitland of Freugh claimed to be entitled to three-fourths of the fund in medio as it should exist at the death of the last surviving annuitant if Freugh and Balgreggan should remain unsold, and they made an alternative claim if the estates should not then be unsold.

Colonel John Maitland, afterwards General John Maitland, was one of the annuitants. His annuity was one of £50. He claimed his annuity of £50, and further, failing all the children of his brother, the said Patrick Maitland, “that at the death of the last surviving annuitant other than himself he shall be ranked and preferred to the fund in medio as it shall exist at that time if the estates of Freugh and Balgreggan shall then remain unsold.”

Mr Smith died on 8th August 1868, and Thomas M'Caig was appointed judicial factor on Miss Maitland's estate.

By the death of General Maitland his annuity fell in, and a portion of the residue, in Mr M'Caig's hands to the extent of £2000 was set free, and became available for payment to the person or persons having right thereto. The only remaining annuitant, Miss Catherine Maitland, who had an annuity of £200, agreed to take a bond of annuity therefor, so that it was now possible to wind up the estate.