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Scottish Court of Session Decisions >>
Thomas Boyes v James Dewar of Vogry. [1745] Mor 14417 (12 February 1745)
URL: http://www.bailii.org/scot/cases/ScotCS/1745/Mor3314417-052.html
Subject_1 SERVICE AND CONFIRMATION. Subject_2 SECT. VII.
Fidei commissa, whether they must be confirmed?
Thomas Boyes v. James Dewar of Vogry
Date: 12 February 1745 Case No. No. 52.
The subject of a trust must be confirmed by the representative of the Fidei commissarius, before he can oblige the trustee to denude
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James Dewar of Vogry granted bond to James Hog of Hagbrae, for £940 Sterling, under back-bond, That if he should lend £810 thereof to certain persons, their bonds should be accepted as payment for so much. Accordingly he lent the money to these persons, but upon bonds payable to himself; and Hagbrae being deceased, Thomas Boyes, writer in Edinburgh, was appointed by the Lords of Session factor on his effects, with a power to deliver up and discharge Vogry's bond. Vogry presented a bill, shewing that he was threatened to be charged on his bond, which he apprehended he was not safe to pay without confirmation; and therefore craving letters of suspension.
Answered for Mr Boyes, There was no need of confirming more than was due, and Vogry was only resting the surplus in his bond over the £810. With regard to the residue, he was to be considered as a trustee; and it did not require any confirmation to oblige him to denude of the bonds, which was all that could be asked of him.
The Lords passed the bill.
Lord Drummore, Reporter.
Fol. Dic. v. 4. p. 270. D. Falconer, v. 1. p. 73.
