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Scottish Court of Session Decisions >>
Sanders v Dunlop. [1728] Mor 6108 (1 February 1728)
URL: http://www.bailii.org/scot/cases/ScotCS/1728/Mor1506108-321.html Cite as:
[1728] Mor 6108
Whether deeds betwixt Husband and Wife, where there are clauses favour of third parties are revocable, although gratuitous.
Sanders v. Dunlop
Date: 1 February 1728 Case No. No 321.
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A man having disponed his moveables to a third party, reserving his liferent, with a power and faculty to his wife to alter, &c. this disposition, though nominally in favour of the third party, yet truly in favour of the wife, found revocable by him even after the wife's death, being no better than a cover et fraus facta legi; and here the wife's faculty to alter was a virtual fee, and the case the same as if the disposition had been directly in favour of the wife, with a substitution to the third party, in which the fee, established in the wife, being ever subject to revocation, there could be no pretence of a jus quæsitum tertio by her death. See Appendix.
