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Scottish Court of Session Decisions >>
Menzies v Burnets. [1666] Mor 6448 (26 July 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor1606448-045.html Cite as:
[1666] Mor 6448
Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. VIII.
How far Conventional Provisions imply Discharge of a Wife's Legal Provisions.
Menzies v. Burnets
Date: 26 July 1666 Case No. No 45.
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In the case Menzies contra Burnets, it was found, that a relict being provided to a liferent of all the goods belonging to her husband, ought to sell and make money of the horse, oxen, and such goods as may perish, to the effect she may liferent the money and make the sum forthcoming after her decease; but cum temperamento, that a competent time should be allowed to that effect; and if the goods should perish in the meantime, she should not be liable for the same. In that same case it was found, that a relict should not have both a liferent and third, but should have her choice or option of either. Some of us were of the opinion, that seeing it appeared by the contract, that the goods were not to be in communion, but that she was to have a liferent of the same, she had not a choice to have a third or liferent.
Reporter, Lord Lie.Clerk, Hay.
Fol. Dic. v. 1. p. 434. Dirleton, No 33. p. 14.
