BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Laurence Oliphant v Mary Hepburn, and Oliphants, her Children. [1693] 4 Brn 74 (17 February 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040074-0177.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Laurence Oliphant v. Mary Hepburn, and Oliphants, her Children
Date: 17 February 1693
Click here to view a pdf copy of this documet : PDF Copy
This was a reduction of an additional portion of two or three thousand merks, that Laurence Oliphant had given to the eldest son of the first marriage, on this reason, that he had got to the full what is provided by his mother's contract, viz. 5000 merks, and that the second contract provided all the conquest to the second children, and therefore he could not take it from them.
The Lords found these clauses of conquest did not impede rational deeds, nor cut off the paternal power of disposal when it was moderate; and they found this provision rational and moderate, and therefore sustained it.
