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Scottish Court of Session Decisions >>
Anderson v Anderson. [1727] Mor 12969 (00 June 1727)
URL: http://www.bailii.org/scot/cases/ScotCS/1727/Mor3012969-095.html Cite as:
[1727] Mor 12969
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XII.
Provisions to Children when Prestable. - Provisions in a certain Event.
Anderson v. Anderson
1727.
June. Case No. No 95.
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Anderson, brewer, having, in his contract of marriage, become bound betwixt end Whitsunday then next to lay out 6000 merks of his own stock, and other 6000 merks payable to him in name of tocher, upon land or other sufficient security, to himself and spouse in conjunct-fee and liferent, and to the children of the marriage in fee; and soon after the term being charged to implement; suspended upon this reason, That however the clause was conceived, it could never be the intention of parties, that he should be bound to lay out his whole stock upon land, and thereby render him unable to carry on his business, or even to live comfortably, far less to make any conquest, which yet was in view, because it also was provided to the children of the marriage; the Lords were sensible, that the demand was rigorous, but they would not take it upon them to relieve the suspender against an express obligation, and therefore found the letters orderly proceeded. See Appendix.
