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Scottish Court of Session Decisions >>
Laws v Tod. [1697] Mor 12899 (19 January 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Mor3012899-054.html Cite as:
[1697] Mor 12899
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. VII.
Obligation by one in his contract of marriage, to provide certain sums or subjects to the issue of the marriage, how far effectual in competition with creditors?
Laws v. Tod
Date: 19 January 1697 Case No. No 54.
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A man, in his contract of marriage, “obliging himself to take the securities of a sum of his own, and some lands he got in name of tocher with his wife, to himself and her in liferent and conjunct-fee, and to the children of the marriage, whom failing, the said money and lands to be equally divided betwixt her and his heirs;” this marriage dissolving without issue, in a competition betwixt an only daughter of the second marriage and the first wife's heirs, the father having provided his whole lands to the heirs of the second marriage, this was found to be a voluntary deed, which could not evacuate the substitution in the first contract in favour of the wife's heirs quoad their half.
