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Scottish Court of Session Decisions >>
Fea v Trail. [1718] Mor 12926 (00 February 1718)
URL: http://www.bailii.org/scot/cases/ScotCS/1718/Mor3012926-068.html Cite as:
[1718] Mor 12926
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. VIII.
Where the Husband is not the Granter of the Obligation.
Fea v. Trail
1718.
February. Case No. No 68.
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A man, in his contract of marriage, obtained lands to be disponed to him from his father, to himself and wife in conjunct fee and liferent, and to the heirs whatsomever of the marriage in fee. In this case it was found, That the husband could do no voluntary or gratuitous deed in prejudice of the heir of the marriage, and particularly that he could not disappoint the heir of the marriage, even by a deed in favour of the second son of the marriage. See Appendix.
