Scottish Court of Session Decisions

Subject_1 TAILZIE.
Subject_2 SECT. V.

Contravention.

Borthwick
v.
Borthwick

1730. February
Case No. No. 112.

Click here to view a pdf copy of this documet : PDF Copy

An heir of entail, with strict prohibitory and irritant clauses, de non alienando et non contrahendo debitum, cannot grant bonds of provision to his younger children, so as to affect the estate after his decease. He can indeed grant a jointure to his wife, equivalent to the legal third, but there is no consequence from that, because the one is a deed of the law, the other of the fiar; and the irritancies and prohibitions of tailzies de non alienando et non contrahendo debitum, are directed only against the last, not against the first. See Appendix.

Fol. Dic. v. 2. p. 434.