Hardy's Trustees and Others
| Jurisdiction | Scotland |
| Judgment Date | 13 May 1871 |
| Date | 13 May 1871 |
| Docket Number | No. 125 |
| Court | Court of Session (Inner House - Second Division) |
R.
Mortis causa conveyance—Construction—Lease—31 and 32 Vic. c. 101 (Titles to Land Act, 1858) sec. 20.—
Jus Mariti, renunciation of—Holograph Writing—Delivery.—
THIS special case for the opinion and judgment of the Court was presented by (1) The trustees of the late William Hardy, farmer, Muirhouse; (2) The factor loco tutoris for Ann Finnie Hardy and Helen Morrison Hardy, his only children; and (3) Mrs Robertina Bayne or Hardy, his second wife and widow.
Mr Hardy died in July 1870, survived by two daughters and his wife. He left a holograph trust-deed of settlement in these terms:—‘This is to satisfy all whom it may concern that this is my last wish, and also my trust-deed of settlement; that I hereby appoint, if they will accept, Messrs Adam and Matthew Stodart, also Mr James Dickson, their nephew, farmer, Damhead, as trustees, with full power to add to their number, to do everything necessary for the comfort of my wife and family; that they entirely take charge of the farm, all means and moveables, until the youngest is twenty-one years of age, then to be an equal division amongst the three, the children to get nothing in case of marrying before that time without the consent of the trustees; and they also have power to take it from the one and give it to the other in case of any imprudence. It must also be distinctly understood that should my present wife marry she shall get her legal claim, but shall have no influence or claim upon the children, or any management of the farm, without the trustees” consent. The whole arrangements are to be wholly through the trustees. They shall also have power to retain or give up the farm as they see it of most advantage to the family; and should my present wife marry, the children may go to their aunts, or where the trustees think it most to their comfort.—Witness my signature this 21st day of July 1868.’ (Signed) ‘WILLIAM HARDY.’Codicil.—‘Should the children die before they are of age, I wish all my effects, without division, to go to my wife, Robertina Bayne or Hardy. All household effects must be left as they are, to my wife and family until their death (should any of them remain unmarried).’ (Signed) ‘WILLIAM HARDY.’
Besides his trust-settlement he left a holograph writing in these terms :—‘Murrays, 1st April 1870.—This is to satisfy all parties that I hold from Robertina Bayne or Hardy, my wife, the sume of One...
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