Scottish Court of Session Decisions

Subject_1 BANKRUPT.
Subject_2 DIVISION I.

Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. XI.

The Onerosity of Provisions in Favour of Children.

Creditors of Kinfauns
v.
Carnagie

Date: 12 January 1697
Case No. No 85.

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In a competition betwixt a defunct's creditors and his daughter, for a sum in a bond, which he had taken payable to him and her, the longest liver, and their heirs and assignees; the Lords sound the daughter simply preferable to the creditors, whose debts were contracted posterior to the date of the said bond, and preferred her even to the anterior creditors, unless they would allege that the father was insolvent at the time of his decease, when her see began; for they thought that parents might give provisions, unless they were either impeded by the diligence of creditors, or by actual insolvency. See the particulars, p. 489.

Fol. Dic. v. 1. p. 72. Fountainhall, v. 2. p. 59.