Scottish Court of Session Decisions

Subject_1 TERM LEGAL AND CONVENTIONAL.

Executors of the Lady Tolquhon
v.
The Creditors

Date: 22 February 1740
Case No. No. 45.

Annuity payable yearly, without bearing also termly.

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

It was found, that notwithstanding, by contract of marriage between Tolquhon and his Lady, her annuity was payable yearly, yet the legal terms of Martinmas, and Whitsunday were the terms of payment of the said annuity; and that therefore the liferentrix had right to the half year's annuity at Whitsunday 1738, being the next term after her husband's death. And it was found also, that the liferentrix, having lived till the Martinmas day, although, she died upon the morning of that day, had right to the whole year.

Kilkerran, No. 2. p. 564.