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Scottish Court of Session Decisions >>
Anna Macmorran v Campbell and Lord Cesnock. [1706] 4 Brn 654 (27 July 1706)
URL: http://www.bailii.org/scot/cases/ScotCS/1706/Brn040654-0149.html Cite as:
[1706] 4 Brn 654
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
Anna Macmorran v. Campbell and Lord Cesnock
Date: 27 July 1706
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Dame Anna Macmorran, relict of Sir George Campbell of Cesnock, pursues her daughter and my Lord Cesnock, her husband, for paying her 4000 merks for her mournings and habiliments, conform to her quality, at his death; having put a room or two in black, covered her street-chair, and clothed two servants, a page, &c. and craved as much for entertaining the family till the next term, being near six months, he having died in the end of November 1703.
Alleged,—My lady had a separate estate of her own in Fife, and the moveables, out of which she might reimburse herself; and though, by a clause in her contract of marriage, she claimed a third of the plenishing, yet the moveable debts far exceeding the value of the whole, she could have no retention of any part of them till the debts were paid. And, as for the aliment of the family, there were provisions of coals and meal, &c. in the house, and so there needed the less.
The Lords remembered, that, about four years ago, in a pursuit of this nature by the Laird of Prestongrange, as assignee by Dame Jean Morrison, Lady Dirle-ton, his sister, they modified only £1500 Scots for mournings, and £50 sterling for the family's aliment, though my Lord Dirleton's estate was far beyond Ces-nock's; and that luxury in thir cases was not to be encouraged, therefore they only allowed 1000 merks for her mournings, and the like sum for the family's maintenance till the next term, though she instructed by her accounts that she had expended much more on both. Some were for giving her §500 merks for all; but the plurality carried for 2000 merks as aforesaid.
