Scottish Court of Session Decisions

Subject_1 FIAR.
Subject_2 DIVISION II.

In questions between parents and children, who understood to be fiar.
Subject_3 SECT. VI.

Settlements importing a Liferent only. - Fiar's power of uplifting without consent of the Liferenter.

Cobbs
v.
Wemyss

Date: 16 November 1677
Case No. No 63.

A bastard having no children, disponed his estate under a backbond obliging the disponee to re-dispone to him and the heirs of his body, reserving his liferent. Found that the effect was to make the bastard a mere liferenter, if he had no children.

Click here to view a pdf copy of this documet : PDF Copy

Andrew Tory a bastard having no children of his own body, dispones some tenements and sums to Wemyss of Fingask, under a back bond from Fingask, obliging him to re-dispone to Andrew and the heirs of his body allenarly, and reserving the said Andrew's liferent. Thereafter Andrew makes a second right to this Cobbs, who pursues Fingask to denude and re-dispone. Alledged, the back bond implicitely excluded assignees as the word ‘allenarly’ bore. The Lords found a bastard in his leige poustie, might lawfully prefer any to the King, and dispone his estate, and that the design here seemed to make the bastard a mere liferenter, in case he had no children, and therefore assoilzied.

Fol. Dic. v. 1. p. 303. Fountainhall, MS.