Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

The Laird of Bruntoune's Oy
v.
The Laird

Date: 27 June 1649

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In the action for aliment at the oy his instance against Laird of Bruntoune,—it was excepted, That, although the oy was apparent heir to his father, who had died in fee, yet the Act of Parliament is only against wardatours, and drawn, by interpretation, against lady liferenters; and not where the goodsire, by contract of marriage, hath given a fee of all his lands to his son, with reservation of his liferent of so much; which could not be diminished by the son, although he had a numerous family, let be by the oy, whom he is not obliged to entertain. The pursuer alleged, That the goodsire got a great tocher, and the lady liferenter's mein portion was as it were bought. The Lords would hear it in præsentia.

This would be helped, either by an Act of Parliament, or a clause in the matrimonial contract, that women entertain the children till they may do for themselves.

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