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Scottish Court of Session Decisions >>
Ker v Kers. [1747] Mor 13024 (23 January 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Mor3013024-138.html Cite as:
[1747] Mor 13024
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XVI.
Powers of the Father where the Fee is provided by his marriage-contract to the Heir of the Marriage.
Ker v. Kers
Date: 23 January 1747 Case No. No 138.
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Ker of Abbotrule, who had become bound in his contract of marriage to settle his estate, which was about 6000 merks a-year, upon the heir-male of the marriage, executed an entail thereof in favour of William his eldest son; in which, besides other unreasonable clauses, he imposed on him a strict prohibition, under an irritancy, to grant a jointure to his wife exceeding L. 20 yearly, or provisions to his children exceeding two year's rent. William Ker having pursued reduction of the entail against his own children, and the other substitutes, the Lords found, That the entail contained clauses irrational, contrary to the marriage contract, and reduced.
