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Scottish Court of Session Decisions >>
The Daughters of James Hamilton of Monktonhall v Hamilton, Lady Sauchtonhall, and James Baird, her Husband. [1681] 3 Brn 396 (23 February 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030396-0552.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Daughters of James Hamilton of Monktonhall v. Hamilton, Lady Sauchtonhall, and James Baird, her Husband
Date: 23 February 1681
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The daughters of James Hamilton of Monktonhall pursue their eldest sister, the Lady Sauchtonhall, and James Baird, her husband, by a declarator that the estate was devolved to them; because their father, by a clause irritant in his disposition, had provided, if she married without the consent of the friends he nominated, she should lose his estate. Ita est, she did not require their consent.
This being reported to the Lords, they found the declarator relevant, and the irritancy incurred, the pursuers always proving that it was intimated and made known to her before her marriage.
I think, albeit she was bound to ask their consent, yet she would not have been obliged to have followed it. Vide 13th February 1680, Buchanan.
