CARLYLE BELL, W S & Ors, (Grieve's Trustees) v Miss JESSY GRIEVE, GEORGE HOME & Ors (Court of Session)

In these circumstances the pursuers, in 1838, raised the present action of multiplepoinding, in which, admitting that the claimant, Jessy, was entitled to one-half of the capital sum, with interest, they alleged that considerable doubts had arisen as to the party entitled to take the other half, with the interest which had accrued thereon since the death of Henry H. Grieve.

Jessy, as the heir-at-law of her father, of her brother Henry, and of her uncle Alexander, claimed the whole fund in medio , being the one-half of the capital, with interest, pleading , that in terms of the destination contained in Dr Grieve's settlement, the succession to his whole trust-funds and estate had opened to her alone, to the exclusion of the heir-at-law of John Home of Kilduff, and of all other parties claiming right through him.

The executors of Home of Kilduff also claimed the fund in medio , and pleaded , that Jessy was, in terms of the 10th purpose of the will, entitled only to one-half of the said capital and interest, and that the other half belonged to the executors of the said John Home of Kilduff.

Note .—‘This question depends upon the settlement of Dr Grieve, which is recited in the summons of multiplepoinding, and more particularly on the tenth and last clause of that settlement. Both parties are agreed that the word ‘ if ,’ with which that clause commences, is to be interpreted to mean ‘ when .’

It is admitted that the claimant, Jessy Grieve, is entitled to one-half, as the only heir of the body of John Grieve, both her brothers being dead; but she claims the whole as heir of her brother Henry Home Grieve, in whom she contends that the whole was vested before the death of Janet Grieve, though not payable until after her death.