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Cite as: [1680] Mor 9475

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[1680] Mor 9475      
Subject_1 PACTUM ILLICITUM.
Subject_2 SECT. VI.

Pactum contra Fidem Tabularum Nuptialium.

Home
 v.
Homes

Date: 23 January 1680
Case No. No 27.

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In a contract of marriage, the wife having a power, in case of no heirs of the marriage, to make her tocher return to what person she should appoint; and she having named her husband, this nomination was sustained, though done after the contract, and before solemnization; because, this was not impinging upon the contract, but only exercising a faculty given by the contract.

 Fol. Dic. v. 2. p. 23. Stair.

*** This case is No 304. p. 6093. voce Husband and Wife.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor2309475-027.html