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Pringle of Symington v Alison Pringle. [1739] Mor 11472 (14 December 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor2711472-150.html Cite as:
[1739] Mor 11472
Deeds in favour of a Wife or Children, whether presumed in satisfaction of Debts due to him.
Pringle of Symington v. Alison Pringle
Date: 14 December 1739 Case No. No 150.
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In a contract of marriage, the husband obliged himself to provide 12,000 merks to the children of the marriage, payable at marriage, or at the male children's age of 21, and the females age of 16, which event should first happen: And it is declared, “That the foresaid sum should be in full satisfaction to the children of all that they could claim from their father, except what he should give or provide to them of his own free will; as also, excepting what should accresce or belong to them as his heirs or nearest of kin.” The Lords were of opinion, That an obligation of this sort is not to be strictly interpreted like a bond of borrowed money; that it implies no more, than that in all events the children shall enjoy or succeed to their father's effects, to the extent of the sum stipulated; and therefore the heir, who in the present case succeeded to the land-estate præceptione hæreditatis, by a disposition, bearing love and favour, claiming over and above, from the younger children who succeeded to the moveables, his proportion of the said 12,000 merks, they found, That the claim was satisfied and extinguished by his succeeding to the land-estate. See Appendix.
