Parker v Anstruther
| Jurisdiction | Scotland |
| Judgment Date | 05 November 1853 |
| Year | 1853 |
| Date | 05 November 1853 |
| Docket Number | No. 4 |
| Court | Court of Session (Inner House - First Division) |
Ld. Curriehill. W.
Discharge—Novation—Transactions with Trustees' not a novation of Truster's debt.—
BY bond of annuity dated 7th of November 1792, Sir John Anstruther, then of Anstruther, Baronet, bound and obliged himself and his heirs, executors and successors whatsoever, and principally his heirs and successors in his lands and estate in Scotland (who should be liable in the first instance), to pay to his grand-daughter Jannetta Hester Parker, the sum of L.50 sterling yearly, so long as she should live and remain unmarried after the decease either of himself or of Lady Anstruther his wife, by half yearly instalments at Whitsunday and Martinmas, beginning the first payment at the first of these terms after his own decease, or after the decease of his said wife, whichever of these events should first happen. Full power was reserved to alter, innovate, or revoke the said bond of annuity; and if not revoked, or in so far as not altered, it was declared to have the force and effect of a delivered evident. In the year 1778 Sir John Anstruther entailed a portion of his estates in Scotland, and in 1793 certain other portions of land in Scotland. In 1793 he also executed a trust-deed by which he conveyed a variety of lands and heritages to trustees for certain purposes, and under certain conditions. It proceeded on the narrative, that the ‘provisions, legacies, and annuities granted by me, and which shall be resting at the time of my death, shall noways affect the fee or property of my respective tailzied lands or estates.’ And the leading purpose of the trust was to pay off and extinguish ‘all the debts and obligations resting and owing by me at the time of my death, and all provisions, legacies, and anuuities that have already or may hereafter be granted by me; declaring hereby, that the trustees aforesaid shall continue the possession of my said trust means and estate, aye and until such time as the whole of my said debts, legacies, and provisions are paid or extinguished.’ By a supplementary trust-disposition executed in 1794, he enlarged the powers of the trustees, revoked his second deed of entail, to the effect of giving his trustees the power of selling and disposing of the land therein contained, and directed them, at the termination of their trust, to hold the lands or such other parts thereof as shall remain unsold, ‘in trust for the use and behoof of the heirs of...
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