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Scottish Court of Session Decisions >>
Thom v Lunn. [1779] Mor 2292 (28 June 1779)
URL: http://www.bailii.org/scot/cases/ScotCS/1779/Mor0602292-044.html Cite as:
[1779] Mor 2292
Dubious Clauses. - Revocation of a Tailzie. - Liberty to contract Debt. - Conjunctly and Severally. - Just and Lawful Debts. - Liferent and Fee. - Back-Bond. - Importing Property or only Servitude.
Thom v. Lunn
Date: 28 June 1779 Case No. No 44.
Just and lawful debts include bonds of provision.
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A person, after settling provisions upon his younger children, disponed his whole estate to his eldest son, in his contract of marriage, under the burden “of his hail onerous, just, and lawful debts, presently owing by him.”
In an action for payment of the provisions, it was objected, That, being revocable at pleasure, and payable at the granter's death, they were not comprehended under the clause in the disposition.
‘The Lords found the defender liable for the sums contained in the bonds of provision.’ See Provisions to Heirs and Children.
Act. Nairn.Alt. Macqueen.
Fac. Col. No 96. p. 350.
