BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
The Children and Relict of Forbes of Knaperny, v Forbes. [1715] Mor 424 (23 July 1715)
URL: http://www.bailii.org/scot/cases/ScotCS/1715/Mor0100424-062.html Cite as:
[1715] Mor 424
Subject_1 ALIMENT. Subject_2 ALIMENT due ex debito naturali.
The Children and Relict of Forbes of Knaperny, v. Forbes
Date: 23 July 1715 Case No. No 62.
An heir succeeding to a competent estate, as heir to his father, found liable to aliment his brothers and sisters, unprovided for.
Click here to view a pdf copy of this documet : PDF Copy
The deceased Knaperny left a considerable land estate, and free executry; and having five younger children, four of whom were unprovided for at his death; their elder brother, before he elected curators, grants them bonds of provision, bearing annualrent from the term preceding their dates; and declaring, that the said sums are in full satisfaction for bairns part of gear, portion natural, legitim, &c.; and then having elected curators, he is confirmed executor to his father. But the four younger children being thereby unprovided in the interim, intented an action of aliment, libelling upon the foresaid bonds of provision. To which the defender and his curators answered, That the bonds were null, as being granted without consent of curarors.—Replied for the pursuers, That the bonds were not libelled upon as the medium concludendi, (which was founded upon the natural obligation, and frater dives tenetur alere, &c.) but only as a view or meith for the quantity of the aliment. (See Elphingstons against Elphingston, infra, h. t.)
The Lords found aliment due.
Act. Elphingston.Clerk, Robertson.
Fol. Dic. v. 1. p. 32. Bruce, No 127. p. 167.
