The Marquis of Hastings, Company
| Jurisdiction | Scotland |
| Judgment Date | 12 November 1844 |
| Docket Number | No. 1 |
| Date | 12 November 1844 |
| Year | 1844 |
| Court | Court of Session (Inner House - First Division) |
Lord Wood. W.
Entail—Clause.—
JANE MURE, Countess of Glasgow, was proprietor in fee-simple of the estate of Rowallan. In 1720, on the marriage of her eldest daughter, Lady Jane Boyle, to Colonel James Campbell, brother of the Earl of Loudoun, she, with consent of her husband, entailed that estate in the marriage contract. The destination was to the Countess herself and her husband in liferent, and the heirs-male of his body in fee; which failing, to the heirs-female of such heir-male, the eldest excluding the rest; ‘which also failzieing, to the said Lady Jean Boyle, and the heirs-male to be lawfully procreate of her body of the said marriage, and the heirs-male of their bodies; which failzieing, to the heirs-female to be procreate of the body of the heir-male of the said marriage, the eldest always secluding the rest, and succeeding without division, as said is; which failzieing, to the heirs-female to be lawfully procreate of the said Lady Jean Boyle her body of the said marriage, and the heirs-male or female of their bodies, the eldest heir-female always secluding the rest, and succeeding without division, as said is.’
By a subsequent clause of the deed, posterior to the entailing clauses, it was provided and declared, and appointed to be contained in the infeftments to follow thereupon, ‘that in case it should fall out that there be only one son of this present marriage procreate betwixt the said Master James Campbell and Lady Jean Boyle, who shall succeed to the honours and estate of Loudoun, though there be daughters, then and in that case it's hereby declared, that the second son of this only son of this marriage shall succeed to the said estate of Rowallan; and failzieing a second son, then the eldest daughter of this only son is to succeed to the said estate, and who shall be obliged to marrie and carrie the arms of Rowallan, in the terms and under the irritancies of the tailzie above mentioned; but if there be two sons of this present marriage, then the second son is to succeed to the estate of Rowallan, in case the eldest son shall succeed to the estate of Loudoun; and that the succession to the said estate of Rowallan, in case any of the heirs of this marriage shall succeed to the estate of Loudoun, shall take place according as is above mentioned, in all time coming; And so soon as the son of this marriage, or others aforesaid, shall accept of the honours and estate of Loudoun, then the rents of the said estate of Rowallan are to be managed and improven for the use and behoof of the next heir of tailzie, who shall succeed to the said estate of Rowallan in manner foresaid, and that at the sight and by the advice of Alexander Earl of Eglintoun,’ &c.
The Earl and Countess of Glasgow died without heirs-male, and their daughter, Lady Jane, succeeded to the estate of Rowallan under the above destination. Of her marriage with Colonel Campbell there was only one son, James Mure Campbell, who, upon his mother's death in 1733, made up titles to Rowallan under the entail. In 1782, he succeeded to the earldom and estate of Loudoun. He had only one child, Flora Adelaide, who, upon his death in 1783, succeeded him in the honours and estate of Loudoun, and also in the estate of Rowallan, to which she made up titles under the entail. In 1804, she married Francis Earl of Moira, afterwards first Marquis of Hastings, by whom she had several children. She survived her husband, and died in 1840, in possession of the estate of Rowallan, having been divested of the estate of Loudoun in the manner after mentioned.
On her death, her eldest son, George the second Marquis of Hastings, succeeded to the honours, having previously, upon his father's death, acquired right to the estate of Loudoun in the manner to be immediately stated. As to the estate of Rowallan, a competition for the succession to it, under the entail in the...
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