Gairns v Blackwood
| Jurisdiction | Scotland |
| Judgment Date | 13 November 1882 |
| Date | 13 November 1882 |
| Docket Number | No. 1. |
| Court | Court of Session |
Lord Mure, Ld. Craighill, Lord Fraser.
County Franchise—Tenant—Trust—Beneficiary.—
Testamentary trustees held, as tenants, a farm which they were directed to manage for behoof of the younger children of the truster. One of the beneficiaries, who was also a trustee, resided upon the farm, and managed it for the trustees. Held that he was not entitled to be entered on the register of voters as joint tenant and occupant of the farm.
At a Registration Court for the county of Peebles, held at Peebles on 28th September 1882, George Clarkson Gairns claimed to have his name entered on the register as joint tenant and occupant of the farm of Posso. William Blackwood, a registered voter, objected.
The Sheriff-substitute (Orphoot) rejected the claim, and Gairns took a case.
The following facts appeared from the case:—By tack dated 7th March and 30th July 1870, Sir John Murray Naesmith of Posso, Bart., let the farm of Posso to John Gairns, the claimant's father, ‘excluding all assignees and subtenants, legal or conventional, unless with the consent of the proprietor or those in his right’; but the landlord, by subsequent minute, departed ‘from the above-mentioned seclusion, in so far as to allow the said John Gairns to assign the said lease, in the event of his death, to any one or more of his sons, as he may think proper.’ John Gairns died in 1875, leaving a trust-disposition and settlement dated in 1874. By it he conveyed to the trustees his whole estate, heritable and moveable, including the leases of his two farms of Kirklawhill and Posso, and the stocking thereon, and he gave his trustees ‘such full and unlimited powers of sale, and receiving and discharging the prices, administration and management, and every other power as could have been exercised by myself when alive.’ By the second purpose he gave his eldest son the option of succeeding to the lease either of Posso or of Kirklawhill; and in the event, which actually happened, of that son choosing Kirklawhill, the trustees were directed to manage Posso, and the stocking thereon, for the use and benefit of the younger children, of whom the claimant was one. By the third purpose the trustees were directed to obtain a valuation by competent persons of the whole stocks on the two farms, and of the truster's other property (but not including the leases), and to hold and distribute the same among the truster's children on majority, or...
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