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- (Research):An action of count, reckoning, and payment was raised by Mrs Dunbar, as guardian, and her three daughters, against Robert Lennox Nugent Dunbar of Machermoro, Kirkcudbrightshire, a minor, and the tutors appointed by hisfather. The estate of Machermore was entailed, in terms of a disposition and deed of tailzie registered July 22, 1762. By bond of provision, dated 27tli February 1843, and recorded in the Books of Council and Session 11th May 1846, the late Robert Nugent Dunbar, the elder, grandfather of the defender, then of Machermore, bound and obliged himself, and the heirs succeeding to him in the lands and estate of Machermore, and subsidiaries bis heirs and successors whomsoever, to pay to his younger children Antoinetta Nugent Dunbar, William Nugent Dunbar, Catherine Nugent Dunbar, and Arthur Nugent Dunbar, the principal sum of £2500 sterling, equally amongst them, and that at and against the first term of Whitsunday or Martinmas that should happen one year after his death, with penalty and interest as therein mentioned. This provision was made under the 5 Geo. IV. c. 87. Robert Nugent Dunbar, the elder, died March 20, 1846, and was succeeded by the now also deceased Robert Nugent Dunbar, the younger, the father of the defender Robert Lennox Nugent Dunbar, now of Machermore. He was survived by his four younger children. Robert Nugent Dunbar, the younger, granted on 11th May 1847 a
disposition in security over Machermore to his brothers and sisters, for the sum of £2283, 12s., being the three years' free rents, to which under the statute the provision was restricted. Of this sum £1141, 16s., or one-half, was paid off in 1863, leaving the remaining half, being the shares of the two sisters, still as a debt over the estate.
Robert Nugent Dunbar was married to Mrs Annette Ellen Atcheson or Nugent Dunbar on 9th July 1856. Four children, the issue of the marriage, now survive. A prennptial contract of marriage was entered into between the parties, by which Robert Nugent Dunbar bound and obliged himself, and the whole heirs of entail succeeding to him in the entailed estate of Machermore, and subsidiaries his heirs, executors, and successors whomsoever, to make payment of the following provisions to the child or children of his said marriage who should be alive at his death, and should not succeed to the said entailed lands and estate— viz., If one such child, a sum equal to one year's free rent or value of the said entailed lands and estate of Machermore and others, as the same should be at the date of the death of the said Robert Nugent Dunbar; if two such children, the sum of £1000 sterling between them; "and if three or more such children, a sum among them equal to two years' rent or value of the said entailed lands and estate of Machermore and others, ami as the same shall be at the death of the said Robert Nugent Dunbar." It was also specially provided that the provisions in favour of the younger children should bear interest from' the day of the death of their father, and be payable one year thereafter. Robert Nugent Dunbar, the younger, died on 25th July 1866, and the security over the entailed estate created by the disposition in security executed by him for behoof of bis sisters, was thereby extinguished. Antoinetta and Catherine Nugent Dunbar are taking the necessary proceedings, uuder the Aberdeen Act. to recover payment of their provisions. The only question as to which the parties were not agreed in this case was— Whether in ascertaining the sum to which the pursuers are entitled, not only the £1141, 16s., being the amount remaining undischarged of a provision made by the grandfather of the defender, a former proprietor of the estate, for his children, must be deducted from the three years' free rental of the estate, but also, as contended for by the defender, whether the interest of that sum should not be deducted in estimating the free annual rental?
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- 1846