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Scottish Court of Session Decisions >>
The Daughters of Irvine of Lentush v Irvine of Drum. [1695] 4 Brn 264 (13 February 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040264-0592.html Cite as:
[1695] 4 Brn 264
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Daughters of Irvine of Lentush v. Irvine of Drum
Date: 13 February 1695
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Phesdo reported the Daughters of Irvine of Lentush against Irvine of Drum. The Lords thought it very informal to libel an exhibition ad deliberandum, as apparent heirs, and yet to insert a conclusion for their 8000 merks of provision, that he might be decerned to pay it; as also, that they could not insist for their portion, as heirs-female, of the marriage designativè, till they were first cognosced, though it needed no service. But the Lords found they were only personal creditors to their father, and his heirs of tailyie, on their mother's contract of marriage; and so had no interest till they established a title, by adjudication in their person, on Drum's renunciation to be heir; which he offered; and then they might compete. At which time it would be proper to determine whether his qualified fee could empower him to grant so great a jointure, and so large provisions to his wife and bairns, out of so small an estate; and how far Drum may be reached for granting a second right of the lands in quantum lucratus; and if the irritancies only restrained Lentush from gratuitous arbitrary deeds, and not from rational and onerous ones.
