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Scottish Court of Session Decisions >>
Younger Children of Seaton of Carriston, v the Heir. [1764] Mor 431 (11 February 1764)
URL: http://www.bailii.org/scot/cases/ScotCS/1764/Mor0100431-068.html Cite as:
[1764] Mor 431
Subject_1 ALIMENT. Subject_2 ALIMENT due ex debito naturali.
Younger Children of Seaton of Carriston, v. the Heir
Date: 11 February 1764 Case No. No 68.
The next heir found obliged to aliment the widow and children of the former heir, who had died in apparancy, after possessing the estare two years.
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George Seaton of Carriston, possessing an estate as heir apparent to his father, very little above 1400 merks yearly of free rent, burdened his eldest son and heir with an annuity of 600 merks yearly to his wife, and a provision of L. 100 to each of his six other children; but having died in apparency, after possessing the estate but two years, these provisions became ineffectual.
This produced a process of aliment against the heir, who was but eleven years of age, at the instance of the widow, and her six other children. It was admitted by the tutor for the heir, That he was bound ex jure naturæ, to aliment his mother, and the quantum was submitted. But they contended, That the natural obligation to aliment relations is not extended beyond one's own children; that therefore he was not bound, qua brother, to aliment the pursuers, nor as representing his grand-father; because there is no natural obligation upon a man to aliment his grand-children; and that he does not represent his father, who was only bound to aliment the pursuers, his children. The Judges considered, that children arrived to the age of fourteen, may make a shift for bread to themselves; but that children under that age are helpless, and that it would be a defect in law if there should exist an infant, having near relations in easy circumstances, and yet no person bound to provide for him.
In this view, they modified 600 merks yearly to the mother, and an aliment of 100 merks yearly to each of the three younger children, until they should arrive at the age of fourteen.
Fol. Dic. v. 3. p. 23. Select Dec. No 214. p. 279.
