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Creditors of Kinfawns v His Relict and Children. [1699] Mor 10423 (12 July 1699)
URL: http://www.bailii.org/scot/cases/ScotCS/1699/Mor2510423-101.html Cite as:
[1699] Mor 10423
Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. V.
Personal Faculties and Privileges, whether they may be founded on directly by Creditors.
Creditors of Kinfawns v. His Relict and Children
Date: 12 July 1699 Case No. No 101.
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A party marrying an heiress, and bringing with him a stock of money into the family, in contemplation whereof, her father, in the contract, allows a faculty to his said son-in-law, to burden the estate with a certain sum, as a provision to a second wife and children; and he having accordingly exerced that faculty, which the Lords found he had sufficiently done by marrying again and be-getting children; in a competition for the sum betwixt his Creditors and the Relict and Children, the Lords found the faculty personal, and therefore preferred the Children to the Creditors, there being here a jus quæsitum to the children of the second marriage.
