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Drummond of Riccarton v - . [1679] 3 Brn 279 (31 January 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030279-0352.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Drummond of Riccarton v. -
Date: 31 January 1679
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In Drummond of Riccarton's case, the Lords found, where a bond of provision is given to a daughter, with this express condition, that, if she die unmarried, the sum shall return to the granter and his family; that she could do no gratuitous deed in prejudice of the foresaid quality in the bond, and that she might not evacuate the same by any voluntary assignation thereof: And found, that it was no necessary nor onerous cause that she made a mutual tailyie with another, and assigned it to him. Vide supra, 25th January, Mr John Daes. This decision drives them to marry.
In a substitution like this, in a bond of provision given to Mary Scot, Margerton's sister, she having assigned it, and afterwards dying unmarried, Sir John Nisbet and Sir G. Lockhart resolved, that she had no power voluntarily to assign it, in prejudice of the substitutes. See the contrary, in Durie, 8th March 1626, Monro. Vide infra, 1st December 1680, Anderson.
