CAPTAIN D MACINTOSH'S TRUSTEES v FRANCIS HAMILTON'S CREDITORS and MRS F HAMILTON and CHILDREN (Court of Session)

Captain Macintosh's eldest daughter, (while in minority,) married Mr Francis Hamilton, W. S. on 2d November 1829, without any antenuptial contract, the father-in-law, on the marriage-day, in-closing a note for L.500, addressed to Mr Hamilton.

Captain Macintosh died on 7th March 1830, leaving the aforesaid trust-settlement, but without having made payment to his daughter, Mrs Hamilton, of any sum that might be due to her as one of the next of kin of her deceased mother, Mrs Macintosh, or otherwise.

A postnuptial contract was, on 26th May 1830, entered into between Mr and Mrs Hamilton, (she still a minor,) whereby she specially assigned her share of her mother's part of the goods in communion to her husband, and with power to him to accept or repudiate her father's settlement, and pursue for legitim.

On 14th October 1831, Mr Hamilton repudiated the settlement by Captain Macintosh, and thereafter brought an action against the Captain's trustees for both claims of legitim, and of the share of goods in communion, upon which his creditors arrested.

On 27th April 1832, the present action of multiplepoinding was brought by certain creditors of Mr Hamilton, iu name of Captain Macintosh's trustees, for the distribution of the Captain's estate under the conflicting interests arising out of the foresaid proceedings. Claims were lodged for Mr Hamilton and for his creditors. Upon the motion of Captain Macintosh's trustees, a curator ad litem was appointed for Mrs Hamilton and her children, and thereafter a separate curator ad litem was appointed to attend to the interests of Mrs Hamilton individually.