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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Robert Preston's Relict v His Eldest Son. [1677] 3 Brn 167 (21 July 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030167-0200.html

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[1677] 3 Brn 167      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Sir Robert Preston's Relict
v.
His Eldest Son

Date: 21 July 1677

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

In a cause of Bothwell, relict of Sir Robert Preston, against Sir Robert's eldest son: Forret inclined that though a bond of provision by a father to his children, was not a delivered evident in the father's lifetime; yet he being tutor and administrator of law to his own bairns, might keep their writs, and that could not hinder execution on them after his decease, though they bore no clause dispensing with the not delivery, and that these bairns were provided to 10,000 merks already, by their mother's contract of marriage, and this was an additional provision of 10,000 merks more.

See Dury, 11th November 1624, Wallace of Ellersly.

Advocates' MS. No. 611, folio 294

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/1677/Brn030167-0200.html