Scottish Court of Session Decisions

Subject_1 PACTUM ILLICITUM.
Subject_2 SECT. VII.

Pactum super bæreditate viventis.

Wright and Ritchie
v.
Murray

Date: 9 July 1746
Case No. No 38.

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The liferent of a subject being left to a woman, with a power to her of disposing of the subject, at her death, to any of certain persons named, she desired one of the nominees to get a disposition drawn in his own favour; but stipulated, that her husband should have the liferent. The nominee agreed with the husband to give him a certain sum in lieu of the liferent, and took the disposition simply to himself. A reduction of the disposition being brought by the other nominees contra bonos mores, the Lords repelled the reason of reduction.

Fol. Dic. v. 4. p. 30. D. Falconer.

*** This case is No 50. p. 4952. voce Fraud.