Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION III.

Donatio non præsumitur.
Subject_3 SECT. IV.

Deeds in favour of a Wife or Child, whether presumed in satisfaction of their legal Claims.

Creditors of Mitchell
v.
Warden

Date: 9 February 1742
Case No. No 135.

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A wife, by her contract of marriage, being entitled to a certain sum, her husband purchased an old house, and took a disposition to himself and wife, and the longest liver, in conjunct-fee and liferent. Thereafter he built a new house in the place of the old one. After his death, in a question between his creditors and his relict, she was found entitled to the rent of the new house, to the extent of her provision in the contract of marriage.

Fol. Dic. v. 4. p. 123. C. Home.

*** This case is No 38. p. 8275. voce Liferenter.