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Scottish Court of Session Decisions >>
Carstairs and her Husband, v Sir John Carstairs. [1672] Mor 409 (10 December 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor0100409-041.html Cite as:
[1672] Mor 409
Subject_1 ALIMENT. Subject_2 ALIMENT due ex debito naturali.
Carstairs and her Husband, v. Sir John Carstairs
Date: 10 December 1672 Case No. No 41.
An aliment is appointed to be paid to the children of an insane father, out of the estate liferented by him, altho' they were in business for themselves, and married.
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The said Anna Carstairs being provided to L. 20,000, by her father's contract of marriage, which the Lords found not to be payable till after the dissolution of the marriage; and thereafter craving an aliment as being now married to a husband; and so ought to contribute ad sustenenda onera matrimonii: It was alleged, That in law, liferenters, or donatars to wards, are only liable for aliments; but parents having educate their children until they be of age and married, are not bound to aliment them: Likeas, there is an aliment decerned already, both for Anna and her mother, which extends to 2000 merks; whereas the father himself hath only 1100 merks for his own aliment.—It was replied, That the father being declared furious long since, and a tutor appointed, his wife and daughter ought to have all the rents of his estate, except so much as is necessary for the father's entertainment; which cannot exceed 400 merks.
The Lords found, That the father's condition being declared to be furious, or an idiot, did make a difference betwixt this case and parents who have the administration of their own affairs and family; and so are not obliged to give aliment to their children after they are educate, and brought to be married, and to do for themselves; but did decern the augmentation of 300 merks only, to be added to the former aliment; and thought 800 merks as little as could be reserved for the entertainment of the father in that condition.
Fol. Dic. v. 1. p. 32. Gosford MS. No 536. p. 284.
