The Scottish law reporter Volume 41 ; continuing reports ... of cases decided in the Court of Session, Court of Justiciary, Court of Teinds, and House of Lords

 
9781130381238: The Scottish law reporter Volume 41 ; continuing reports ... of cases decided in the Court of Session, Court of Justiciary, Court of Teinds, and House of Lords

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 Excerpt: ...the second plea-inlaw for the pursuer, sustains the fourth plea-in-law for the defenders, assoilzies the defenders from the conclusions of the summons, and decerns. Opinion.--"Andrew Hoggan, writer, Glasgow, died in 1895, leaving a trust-deed and codicils. He was predeceased by his wife and was survived ny seven children, three sons and four daughter.--. "One of his daughters, Helena Emily Margaret, married the pursuer John Freeland Hutcheson on 10th February 1892. She died on 3rd November 1890. There are two children of the marriage, James Hugh, born 4th March 1893, and Andrew Guy Hugh, born 6th November 1894. These children have lived in family with their father since his wife's death, and have no doubt been supported by him. He has raised this action against Mr. Hoggan's trustees, 'as such trustees, tutors, and curators to the pursuer's two children,' and he concludes for payment to himself of £1000, and the plea on which he founds that conclusion is--'2. The pursuer having provided and paid for the maintenance and education of his two children for the period from Martinmas 1896 to Martinmas 18ul, and the defenders having during that period accumulated in their bands income available for providing for said maintenance and education, he is entitled to decree as concluded for, with expenses.' "The truster modified the provisions in his trust-deed by the codicils to his children, including Helena the pursuer's wife. It is not necessary to refer to his bequests to his other children. As I read the deed, the provision which was ultimately left to the pursuer's wife Helena was as follows:--he directed his trustees to invest £10,000 in their names on good and sufficient security, and to pay the interest or annual produce of it to her as...

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