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Scottish Court of Session Decisions >>
Lady Wemyss v Applecross. [1680] Mor 12890 (10 March 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor3012890-045.html
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. VII.
Obligation by one in his contract of marriage, to provide certain sums or subjects to the issue of the marriage, how far effectual in competition with creditors?
Lady Wemyss v. Applecross
Date: 10 March 1680 Case No. No 45.
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A husband in his contract of marriage being obliged to employ, by the advice of his two brother's-in-law, 12,000 merks to his wife in liferent, and to her heirs, or any she should name, in fee; it came to be the subject of debate, whether the wife was only a liferenter, and her heirs heirs of provision to the husband, and so liable to his debts; or if she was fiar, or if her heirs, who were her children of a former marriage, were fiars, and so creditors who might compete with the husband's creditors.
The Lords did not determine this point, but they inclined to think that the wife was fiar. Applecross, the defender, had married her daughter, to whom the father had given a bond of provision.
