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Scottish Court of Session Decisions >>
Muir v Bertram. [1709] Mor 3598 (22 January 1709)
URL: http://www.bailii.org/scot/cases/ScotCS/1709/Mor0903598-010.html Cite as:
[1709] Mor 3598
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Alexander Bertram of Nisbet having got considerable means with Grizel Muir, his wife, at her desire he grants a bond to Rabina Muir, her sister, and some other of her relations, for 900 merks, payable at her death. Rabina pursues Bertram for her share of the legacy. He alleges, That the bond had a power and faculty to his wife to revoke, in case she met with any ingratitude, disobligement, or incivility; and ita est, she revoked and recalled Rabina's part; and, by a writ under her hand, bestowed it upon others. Answered, Non relevat, unless she had expressed the causes of ingratitude moving her to that alteration, which she neither has nor could do, but was imposed upon. Replied, She was the absolute best judge of that herself; and though remuneratory on the husband's part, yet it was donatio mortis causa quoad the wife, and so revokable at pleasure.——The Lords being equally divided, found, by the President's vote, they behoved to condescend upon and prove some cause of ingratitude or provocation, otherwise they could not sustain her revocation. Yea, a parent's exheredation of a child in some cases must be done cum elogio, ut justa et legitima exhæredationis causa nominatim exprimatur.
Fol. Dic. v. 1. p. 250. Fountainhall, v. 2. p. 483.
