Whether Liferent Provisions to Wives stante matrimonio be revocable.
Wallace v. M'Dougal
Date: 12 February 1623 Case No. No 339.
A relict found not entitled to the liferent of the annualrent of a bond, because the husband died before the term of payment.
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In an action of registration pursued by Wallace contra M'Dougal, of a bond given by M'Dougal to Wallace, obliging the debtor to pay the sum at a certain term, and failing of payment thereof, to pay annualrent therefor to the creditor and to his wife, and to the longest liver of them two, and after their decease to the heir of the husband; the husband being dead before the term of payment in the bond, this bond being desired to be registrated at the instance of the heir of the defunct, and at the instance of the husband's relict, to whom the liferent was conditioned by the bond, against the debtor;——the Lords found, that it ought not to be registrated at their instance, seeing the man died before the term of payment, and so the sums remained moveable, and never became heritable by the foresaid clause, and consequently that the same would belong to his executors, and not to the heir nor relict.
