Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XIII.
What understood to be sufficient implement.
Scot and his Father v. L Gallashiels.
Date: 29 November 1626 Case No. No 101.
Effect given to a charge to employ money for children, in terms of a contract of marriage.
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In the foresaid suspension at the instance of —— Scot, son to the Laird Harden, and of the Goodman of Harden his father, against the Goodman of Gallashiels, who had charged Harden to employ upon land to his said son and his spouse in conjunct fee, who was Gallashiels' daughter, the sum of L. 10,000, conform to a contract of marriage betwixt the said parties, whereby Harden was obliged to pay the said sum to his said son, to be employed in manner foresaid by the sight of Gallashiels; Harden being charged to employ to the use of the longest liver of them two, as said is, produces a discharge, upon the payment of the said sum to his son, to whom he is obliged to pay the same, and suspends thereupon; alleging that by the contract, he is only obliged to pay to him the same, which he has done, and so that he cannot be charged any further, seeing he is not obliged to employ, and that his son is the party who ought only to be charged to employ the same to his wife's use, who is responsible to do the same; and being charged will fulfil it. The Lords, notwithstanding of this reason, and of the payment made to the son, found the letters orderly proceeded against the father, aye, and while the sums were employed to the use of his son's wife in liferent, and found that he was not liberated by the said payment made to his son, in respect that the payment was appointed by the contract, to be made to his son for that end, viz. to be employed, &c. which the father should have caused to have been done, at the payment to his son, and which should have been done at Gallashiels' sight, otherwise the contract betwixt the father and the son might be easily elided in all such cases, to the prejudice of the son's wife.
Act. Belshes.Alt. scot.Clerk, Gibson.
Durie, p. 239.
