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Scottish Court of Session Decisions >>
Pollock v Campbell of Calder. [1718] Mor 9489 (8 February 1718)
URL: http://www.bailii.org/scot/cases/ScotCS/1718/Mor2309489-033.html Cite as:
[1718] Mor 9489
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Sir Hugh Campbell of Calder, in his son Sir Alexander's marriage articles, became bound to provide his estate to his son and the heirs-male of the marriage “free of all charge and burden;” having reserved no power to provide younger children. He, at the same time, privately elicited from his son a promise to grant him a faculty of burdening the estate with L. 2000 Sterling to his younger children; which promise, Sir Alexander fulfilled about two years after the marriage, upon the narrative of the said promise, and that the marriage articles had been entered into in compliance with the bride's friends and lawyers, that there might be no stop of the marriage. Sir Hugh having exercised this faculty granted him by his son; in a pursuit against the heirs of the marriage, for payment of this sum, the Lords found, that the particular communing betwixt Sir Hugh and Sir Alexander before the marriage was in fraudem pactorum nuptialium; and seeing the bond was granted by Sir Alexander, though posterior to the marriage, on the narrative of the said prior communing, and that the marriage articles were only made and granted by Sir Hugh in compliance with the bride and her friends; therefore, that the said bond was not binding on the heir-male of the marriage. See Appendix.
