Scottish Court of Session Decisions

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

Euphame Blair
v.
Margaret Blair, and her Husband Tayerie

Date: 6 December 1649

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In the process by Euphame Blair, eldest sister, who went out of the country, against Margaret, the younger, and her husband Tayerie, who intromitted with her father's gear and heritage,—the Lords found, That the father giving, by the elder's contract of marriage, 2230 merks of tocher, and, in the same, restricting the rest's tocher to £1000, with condition and provision that the eldest should have as much as any of the rest at his decease;—they found, I say, that the defender having gotten 1600 merks in tocher, suppose she had, in her contract, that she should get as much as any of his bairns had gotten, or was to get, should not be meaned or understood of making her tocher equal with the eldest, but of what should be bye and attour at his decease, there being then other daughters alive; suppose now, after the father's decease, the rest being dead, the defender urged to be alike with her elder sister in all, obligatione confusa, and that upon her contract of marriage. For the Lords thought, that, according to law, prior obligatio in contractibus prevalet; and he might have given the second a like tocher with the first, if it had been his mind, licet in ultimis voluntatibus posteriora derogent prioribus.—See Page 430.

Page 79.