BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Cannan v Greig. [1794] Mor 13059 (26 November 1794)
URL: http://www.bailii.org/scot/cases/ScotCS/1794/Mor3013059-162.html Cite as:
[1794] Mor 13059
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XXI.
Provisions in a postnuptial contract, whether effectual to competent with onerous creditors?
Cannan v. Greig
Date: 26 November 1794 Case No. No 162.
Click here to view a pdf copy of this documet : PDF Copy
A wife having, in a postnuptial contract of marriage, disponed lands to her husband in liferent, and to the heirs of the marriage in fee, a clause was subjoined, granting power to the husband, ‘if he shall see cause, to sell the lands, or burden them with debt at his pleasure, in every respect as if he had been unlimited fiar, on condition that he granted security to provide the heir in L. 2000, payable at his death.’ The disponee contracted debts beyond the value of the estate, and died without granting bond or security for the L. 2000 to his heir. The Lords found the heir preferable for that sum to all the onerous creditors of the disponee.
Fol Dic. v. 4. p. 188. Fac. Col.
*** This case is No 60. p. 12005. voce Process.
See Cunningham against Cunningham, No 139. p. 13024.
