H.M. Advocate v. Findlay (Kennedy's Factor)

Held that the judicial factor must give up inventories of the estates of each of the persons through whom the share had been transmitted to G. K., and include the share in these inventories at its present value.

John Orr, at one time town-clerk, Glasgow, was a subscriber, and had a share of the tontine. He died on 16th December 1803. The nominee on whose life depended the share for which he subscribed was Mrs Janet Orr or Findlay, his natural daughter. By the death on 21st January 1886 of Miss Janet Riddell, daughter of Henry Riddell, merchant, Glasgow, Mrs Janet Orr or Findlay, was the last survivor of the whole nominees in the tontine, and the property of the tontine then behoved to be made over or paid to the person or persons having right to the said John Orr's share.

John Orr left a last will and testament, dated 30th October 1795. Under it the residue of his estate, including the share of the tontine, fell to his sisters Esther Orr, Martha Orr, and Mrs Janet Orr or Kennedy, in equal shares, and each of them on his death acquired a vested interest in his share to the extent of one-third.

Martha Orr at her death had a vested interest in two-thirds of the said share, having acquired Esther Orr's one-third as her residuary legatee, and to these two-thirds the said Gilbert Kennedy succeeded in virtue of the said mutual testamentary deeds. The remaining one-third, which belonged to Mrs Orr or Kennedy, passed under her will to Miss Mary Kennedy, her residuary legatee, and ultimately fell to the said Gilbert Kennedy on Mary Kennedy dying intestate.

Gilbert Kennedy died on 4th January 1855. An inventory of his estate was recorded on 15th February 1855. The total amount in it is £11,290, 17s. 4 1 2 d. It included item five—“Value of share in Glasgow Hutcheson Street Tontine, depending on Page: 597 ↓