Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION III.

Donatio non præsumitur.
Subject_3 SECT. I.

Aliment bestowed without Paction, when Paction might have been.

Countess of Wemyss
v.
Her Children

Date: 30 July 1734
Case No. No 101.

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Children who had ample alimentary provisions settled upon them by their grandfather upon the mother's side, were occasionally with him at the time of his death, and continued in family with their grandmother, his relict, for about a year thereafter, when they returned home to their father. The grandmother's executor craving this year's entertainment out of the children's funds; the presumption was founded upon by the children, That their grandmother, being in opulent circumstances, furnished the aliment out of affection, not interest.—The Lords found no aliment due.—See Appendix.

Fol. Dic. V. 2. p. 141.