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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Agnes Logan, and Younger Children of Hugh Campbell, v his Eldest Son. [1758] Mor 428 (18 December 1758) URL: http://www.bailii.org/scot/cases/ScotCS/1758/Mor0100428-066.html Cite as: [1758] Mor 428 |
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[1758] Mor 428
Subject_1 ALIMENT.
Subject_2 ALIMENT due ex debito naturali.
Date: Agnes Logan, and Younger Children of Hugh Campbell,
v.
his Eldest Son
18 December 1758
Case No.No 66.
A deed executed on death-bed, to the prejudice of the heir, contained an appointment to pay an annuity to the widow, and provisions to the children. Although the deed was reduced, the heir obliged to pay a competent aliment to the widow and children.
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Hugh Campbell purchased the lands of Peneloe, in a country parish, from his brother Andrew, for 19,600 merks. He paid the price; received a disposition; but no infeftment followed. This purchase exhausted all the fortune he had.
Six months after, Hugh being upon death-bed, and seeing that be had no other fund for a provision to his wife and younger children, cancelled the disposition; took an obligation from Andrew to fell the lands for behoof of Hugh and his heirs; and then made a provision of 300 merks yearly for Agnes Logan his wife, and 11,000 merks among his three younger children; 8000 merks of which was payable at his own decease, and 3000 at the decease of his wife.
The heir having brought, and succeeded in, a reduction of this transaction, so far as regarded the provisions made for the younger children, the younger children next brought a process of aliment against him, and the widow likewise insisted for payment of the provision made for her.
'The Lords restricted the annuity provided to the widow to 200 merks, and modified the aliment to be paid to the younger children to 250 merks yearly, to be divided equally amongst them, so long as they all remain minors; and after the majority of the eldest, to the other two, equally betwixt them, so long as
they continue both minors; and after the majority of the two eldest, to the remaining one, so long as he or she shall remain minor; and failing of any one or more of them, by decease in minority, to the survivors equally, or to the survivor. And found, That so soon as the relict's annuity should cease by her death, the aforesaid aliment of the children should be increased 100 merks yearly, to be divided, subsist, and terminate, in the same manner with the original aliment. Act. Jo. Dalrymple. Alt. Burnet.
The electronic version of the text was provided by the Scottish Council of Law Reporting