Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Nisbet
v.
Hume

Date: 25 March 1628

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In a suspension betwixt Nisbet against Hume, a good-dame being obliged to pay to her oye, and to her husband, in her contract of marriage, the sum of 2000 merks, to be employed upon land, or annual-rent, or otherwise, at the sight of the father to the husband, and of the good-dame contractor for the tocher, and by their advice, (thir were the very words of the contract; for she was obliged to pay the said sum in tocher to the husband, and to his wife, to be employed, as said is, by the advice of the father to the husband, and of the good-dame to the wife;)—the Lords interpreted the contract to this sense, that the wife should have the liferent of this sum; albeit by the contract she was provided to a sufficient conjunct-fee, by the husband and his father; and albeit the good-dame being now deceased, that the father to the husband being yet living, dissassented; and the wife should have a liferent of that sum; without whose advice and consent, it was alleged by the husband's heir, (the husband's self being also now deceased,) that it was provided, in the contract, that the sum should not be employed; and he refusing to give advice thereto, the heir alleged, that the relict ought not to have it; specially seeing he also alleged, that the relict had the whole means pertaining to her husband, and that his heir had nothing.

Act. Mr Robert M'Gill, Alt. Craig. Hay, Clerk.

Page 370.