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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Hope v His Relict. [1732] Mor 9195 (00 July 1732) URL: http://www.bailii.org/scot/cases/ScotCS/1732/Mor2209195-047.html Cite as: [1732] Mor 9195 |
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[1732] Mor 9195
Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. III. Contracts of Marriage.
Creditors of Hope
v.
His Relict
1732 .July .
Case No.No 47.
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The husband's creditors, after his death, insisting against his relict for payment of the tocher, the Lords found, that she might retain it for security of her liferent provision. In this case, though the liferent provision was purified by the husband's death, the relict did not plead the point so high, as to insist for voidance of the contract; she only insisted to have retention for security of her liferent, which the husband had failed to secure to her.—See Appendix.
The electronic version of the text was provided by the Scottish Council of Law Reporting