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Scottish Court of Session Decisions >>
Laurence Ord and his Spouse v John and Mary Innesses. [1685] Mor 11492 (00 December 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor2711492-167.html Cite as:
[1685] Mor 11492
Where the cause of granting is expressed, that must be the rule.
Laurence Ord and his Spouse v. John and Mary Innesses
1685.
December. Case No. No 167.
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A grandfather, who stood obliged to pay 2000 merks to his daughter and grandchildren, disponed some estate to his son, whom he burdened with the payment of several debts due by the disponer, particularly enumerated, and with the payment of 1000 merks to the said grandchildren, for their better provision; and these claiming both sums, it was alleged, That debitor non præsumitur donare.
Answered; The last sum is not payable by the same person; and although in the same papers other payments with which the disposition is burdened are expressed in satisfaction of debt, yet this last sum is declared payable to the grandchildren for their better provision, which imports, that they should be better provided than they were before, and do not in the least mention the grandfather's obligement; and there is an opulent estate left to the disponer's wife in fee.
The Lords having considered the circumstances of this case, found both sums due to the grandchildren.
Fol. Dic. v. 2. p. 147. Harcarse, (Bonds.) No 204. p. 46.
