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Scottish Court of Session Decisions >>
Carmichael v Gibson. [1629] Mor 11459 (3 March 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor2711459-131.html Cite as:
[1629] Mor 11459
Deeds in favour of a Wife or Child, whether presumed in satisfaction of their legal Claims.
Carmichael v. Gibson
Date: 3 March 1629 Case No. No 131.
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A father being debtor to the son in a legacy left by the mother, and after the father's decease, the father's executor being convened to pay the legacy, it was found, That payment made by the father for binding of the son as prentice to a cratt, ought to be ascribed in satisfaction of the legacy, pro tanto, and ought not to be found to have been given ex affectione domestica, or ex pietate paterna; for it was presumed that he would liberate himself of his debt before he would gift any thing; but this cause was betwixt poor persons, whose substance was mean, and the sums small, the legacy being of L. 80, and the prentice-fee paid L. 60, and the whole gear in the testament not exceeding L.200 or L. 300, and that was the chief reason of the decision.
