Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 HERITABLE AND MOVEABLE. JUS MARITI.

Philp
v.
Creditors of Joseph Corrie

1765.

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In March 1749, John Philp granted a bond of provision to his daughter Margaret, for 12,000 merks, payable at the first Whitsunday or Martinmas after his decease, with annualrent from the Whitsunday or Martinmas preceding his death till payment. In the 1754, Margaret Philp married Joseph Corrie, but no marriage-contract was entered into between them. John Philp died in December 1760, whereby the above provision became payable at Whitsunday 1761, with annualrent from Martinmas 1760 ; and, in February 1761, Joseph Corrie died, leaving Margaret his widow and two children. He died in bad circumstances, and a competition ensued between a trustee for his creditors, claiming the above bond as falling under his jus mariti, and Mr Philp, the representative of John Philp who, in behalf of his sister, the widow, and her children, contended that the bond was heritable, and did not fall under the jus mariti. “The Lord Nisbet, Ordinary, found that the bond of provision was, after the father's death, fully vested in Margaret Philp ; and, as the term of the payment of the bond was not then come, the same fell under the jus mariti, and went to his executors.” And the Lords adhered.