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Scottish Court of Session Decisions >>
Gordon v Fraser. [1663] Mor 12887 (3 July 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor3012887-041.html Cite as:
[1663] Mor 12887
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. VII.
Obligation by one in his contract of marriage, to provide certain sums or subjects to the issue of the marriage, how far effectual in competition with creditors?
Gordon v. Fraser
Date: 3 July 1663 Case No. No 41.
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One, in his contract of marriage, having become bound to infeft his wife in five chalders of victual for the aliment of his younger children, till their age of fourteen, and having, in implement of this obligation, disponed certain moveables to his wife; in a competition betwixt her, in behalf of the children, and the executors-creditors of the husband, whose debts were contracted after the said dispositson, the Lords preferred the creditors, unless the defunct were solvendo at the time of his decease.
Fol. Dic. v. 2. p. 280. Stair.
*** This case is No 42. p. 2800. voce Competition.
