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Scottish Court of Session Decisions >>
Yorkston v Simpson. [1693] Mor 12981 (20 December 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Mor3012981-108.html Cite as:
[1693] Mor 12981
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XIII.
What understood to be sufficient implement.
Yorkston v. Simpson
Date: 20 December 1693 Case No. No 108.
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In a pursuit betwixt Yorkston and Simpson, the Lords having considered the contract of marriage between Yorkston and Simpson's sister, whereby he was obliged to provide 5000 merks of his own means, with her 5000 merks of tocher, to himself and her in liferent, and to the bairns in fee, and, failing bairns, 5000 merks of it to return to the wife's heirs; they found this more than a naked destination; and seeing he was married again, and had given large provisions in his second contract, they would not oblige him to find caution to secure the 10,000 merks to the child of the first marriage, and his substitute quoad the half of it, because he had liberty to trade with it; but they inclined to cause him grant his own personal bond for the said sum, that it might redd marches between his children of the second marriage, and might be forthcoming to the substitute in case the child died, reserving his own liferent of it, and the term of payment being after his decease; for he was not fiar of the sum, (as these conjunct fees and liferents imply, when inserted in bonds,) yet might dispose of it for necessary causes, if he were reduced to necessity and straits. The like was decided, 14th February 1678, Carnegy against Mauld, See Appendix.
