Mackenzie and Others v Duke of Devonshire and Others

JurisdictionEngland & Wales
Judgment Date15 May 1896
Judgment citation (vLex)[1896] UKHL J0515-2
CourtHouse of Lords
Date15 May 1896

[1896] UKHL J0515-2

House of Lords

Mackenzie and Others
and
Duke of Devonshire and Others.
1

After hearing Counsel this day upon the Petition and Appeal of the Right Honourable Lady Constance Mackenzie, residing at Tarbat House, Parkhill, Ross-shire, younger daughter of the Right Honourable Francis, Earl of Cromartie, deceased, with consent and concurrence of William �neas Mackintosh, Esquire, Advocate, Edinburgh, curator ad litem, appointed by the Lords of Council and Session to the said Lady Constance Mackenzie; and also with consent and concurrence of the Most Noble Cromartie, Duke and Earl of Sutherland; the Right Honourable Sir John Douglas Sutherland Campbell, Marquess of Lorne, k.t.; and Lilian, Countess of Cromartie, mother of the said Lady Constance Mackenzie, curators of the said Lady Constance Mackenzie, nominated and appointed by trust-disposition and settlement granted by the said deceased Francis, Earl of Cromartie, dated 17th May, and recorded in the books of Council and Session, 20th December, both in the year 1893; praying, That the matter of the Interlocutor set forth in the Schedule thereto, namely, an Interlocutor of the Lords of Session in Scotland of the Second Division, of the 2nd of July 1895, except so far as regards the words: "Find the parties to the Special Case entitled to their expenses out of the trust-estate held by the parties of the first part as the same may be taxed by the auditor," might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Interlocutor, so far as aforesaid, might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed Case of the Most Noble Spencer Compton Cavendish, Duke of Devonshire, k.g.; the Most Noble Hugh Lupus Grosvenor, Duke and Marquess of Westminster, k.g.; the Most Honourable Frederick Temple Blackwood, Marquess of Dufferin and Ava; and the Right Honourable Henry Chaplin, of Blankney, Lincolnshire, m.p., trustees, acting under a trust deed granted by his Grace George Granville William, Duke and Earl of Sutherland, now deceased, dated 23rd July, and recorded in the Books of Council and...

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