The Law Reports (House of Lords, Scotch and Divorce Appeals)
LR 2 ScDiv 202
[HOUSE OF LORDS]
MRS. MACKENZIE CATTON AND HER HUSBAND APPELLANTS; KENNETH MACKENZIE OF DUNDONNELL RESPONDENT.
1872 March 11.
THE LORD CHANCELLOR, LORD CHELMSFORD and LORD WESTBURY.
Strict Entail
— Relaxation of Fetters for the Benefit of Younger Children.
A power to grant a certain number of years' free rent as a provision for younger children is an ordinary power in deeds of entail. It is introduced as an exception to the general restrictions. “Younger children” are those who are such at the death of the institute or heir in possession.
Per THE LORD CHANCELLOR:— The Act of 1685, c. 22, and the Rutherfurd Act, 11 & 12 Vict. c. 36, both allow a provision for younger children in the form here adopted.
Per LORD WESTBURY:— This deed of entail contains, with regard to the corpus of the estate, completely valid and effectual fettering clauses. The fetters are relaxed for the benefit of younger children, but in a manner which shall not admit of any alienation or mortgage of the corpus.
Procedure.