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Scottish Court of Session Decisions >>
M'Kinnon v M'Donald. [1763] Mor 6451 (24 February 1763)
URL: http://www.bailii.org/scot/cases/ScotCS/1763/Mor1606451-048.html Cite as:
[1763] Mor 6451
Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. VIII.
How far Conventional Provisions imply Discharge of a Wife's Legal Provisions.
M'Kinnon v. M'Donald
Date: 24 February 1763 Case No. No 48.
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In a contract of marriage, the wife was provided to a suitable annuity in the event of her surviving her husband, and likewise to a third of the moveables and a half of the conquest, all on the same event; and on her part she assigned in name of tocher to her husband, a bill of her brother's for 1000 merks. Having pre-deceased her husband within the year, he pursued the brothers for the tocher; who urged, in defence, that the conventional provisions in the contract were no discharge of the legal ones, and that these were more than sufficient to compensate the claim for tocher. The Lords found, That the provisions in the contract were in full of all the legal provisions.
