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Scottish Court of Session Decisions >>
Miller v Sinclair and Murray. [1733] Mor 490 (16 June 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor0200490-022.html Cite as:
[1733] Mor 490
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due ex pacto.
Miller v. Sinclair and Murray
Date: 16 June 1733 Case No. No 22.
A sum was provided in a contract of marriage, to the husband and wife in conjunct fee and liferent, and to the heirs in fee; whom failing, to be at the disposal of the wife. No annualrent being stipulated, found to bear none; and to be heritable, and exclusive of the jus mariti.
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One, in his contract of marriage, bound himself to provide a certain sum to himself and spouse, in conjunct fee and liferent, and to the heirs of the marriage; but, in case of his predeceasing without heirs of the marriage, his spouse was to have power to dispose of the sum: This event happened, and the question occurred, whether the sum bore annualrent, which would entitle her second husband to the jus mariti only? No annualrent was stipulated in the contract; but it was argued, That the provision of liferent was virtually a stipulation for annualrent.——The Lords found the sum heritable, and that it fell not under the jus mariti of the second husband.
