ROYAL BANK OF SCOTLAND v GREIG and MORTON, W S & Ors (Court of Session)

This was an action of multiplepoinding, brought for the division of a fund, which arose in the following manner: Robert Jamieson and his sister, Mrs Margaret Jamieson or Kinnear, enjoyed the liferent of about L.4166, 13s. of the stock of the Royal Bank of Scotland, left by their father to them, equally, in liferent allenarly, and to their children per capita equally among them, in fee.

In 1814, Mr Jamieson becoming embarrassed, conveyed all his property to Mr Scott Moncrieff, as trustee for his creditors. The trustee, in 1822, sold to Mrs Kinnear, Mr Jamieson's right to the liferent of one-half of the bank stock, as also his contingent right on survivance.

In 1823, Mrs Kinnear died without children, and her brother drew the dividends of the bank stock till his death, on the 7th December 1832. At that time there were two dividends outstanding payable, amounting together to about L.550; and there was a third dividend, which was declared, at a meeting of the Bank Directors, held in November 1832, to be payable on the 5th January 1833.

For this fund there was a competition between the creditors of Mr Jamieson, who claimed the whole fund as belonging to their debtor, in virtue of the special destination in his favour made by his sister, and Miss C. L. Jamieson and the other children of Mr Jamieson, the fiars of the bank stock, who maintained that the special destination had been defeated and altered by the general disposition.

The Lord Ordinary (11th March 1836) pronounced an interlocutor, repelling the claims of the children, and finding them liable in expenses, adding the following note: