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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gideon Fullertoun v Fullertoun. [1636] 1 Brn 361 (23 March 1636)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Gideon Fullertoun
v.
Fullertoun
23 March 1636 Click here to view a pdf copy of this documet : PDF Copy
John Fullertoun of Kinnaber, by contract of marriage betwixt him and Janet Lindsay, his second spouse, obliges him and his heirs to provide the heir-male to be gotten of that marriage to 4000 merks. After this contract, he infefts his son of the first marriage, who is his apparent heir, in liferent, and his oye in fee, of his haill lands. After his decease, Gideon Fullertoun, heir procreated betwixt him and the said Janet Lindsay, pursues his father's eldest son of the first
marriage, liferenter, and his son fiar, as successor titulo lucrativo post contractum debitum, for implement of the said contract of marriage. It was alleged for the defender, That the father could not be convened as successor; because he succeeds to none of his father's heritage but a bare liferent; and his son, oye to the goodsire, could not be convened; because, his father being living, he is not alioqui successurus. The Lords found this sort of disposition sufficient to make the father successor titulo lucrativo post contractum debitum. 2d MS. Page 6.
The electronic version of the text was provided by the Scottish Council of Law Reporting