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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Blair v Blair and Tyerie. [1649] 1 Brn 430 (11 December 1649)
URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010430-1153.html

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[1649] 1 Brn 430      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Blair
v.
Blair and Tyerie

Date: 11 December 1649

Click here to view a pdf copy of this documet : PDF Copy

In the cause of Blair against Blair and Tyerie, the second daughter craved yet to be heard upon her contract of marriage; but the Lords found still, that, in both the contracts, there were two clauses: one that concerned the tocher in liquid sums, and that the eldest was justly provided to a greater sum; and another anent that which was not liquid, in making them equal in what he should have at his decease, and that the second should be a bairn of the house, as any of his daughters had gotten, or should get: which was ambulatory to his death; but the tochers were given as præcipua; and, if the father had had a mind to give the second as great a tocher as to the first, contrary to the destination of the first contract, he might have done it in the constitution of the tocher, in the second contract.—See page 427.

Page 84.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010430-1153.html