Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.

M'Culloch
v.
M'Culloch

Date: 7 March 1778

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ALIMENT.

The decision, 111, New. Coll. No. 44, That a mother is entitled to an aliment from her eldest son, super jure naturæ, was this day confirmed, in the case, The Widow of M'Culloch of Forehousikie against His Heir. There had been no contract; so that all the provision which the widow had, was a terce of certain lands, in which her husband was infeft. This afforded her £40. But there were certain lands, in which her husband was not infeft, but not fraudulently, or with a view to disappoint her. Out of the rents of these, the Lords gave her an additional aliment of £20 per annum, for seven years. This afforded her in whole ₤60, which was precisely a third of the heir’s free income, after paying interest of debts and aliment to four younger children; which aliment they also fixed at £60. The heir’s total free income was £240.