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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Graham
v.
Symes
13 March 1628 Click here to view a pdf copy of this documet : PDF Copy
By contract of marriage, the husband obliges him to acquire annualrents, and take to himself and his wife; notwithstanding, he lends out divers sums to debtors, and takes them obliged, by their bonds, to pay the sums to his bairns, nominatim. After his decease, his wife pursues his heir, and the same bairns whose names were inserted in the bond as executors to their father, to hear and see the annualrents of the said sums decerned to pertain to her during her lifetime, conform to her contract of marriage. The Lords found, That the bairns might not be pursued but in so far as they were executors secundum inventarium, and not as being provided and constituted creditors in the bond. But the relict had action for the rest against the heir.
Page 73.
The electronic version of the text was provided by the Scottish Council of Law Reporting