Scottish Court of Session Decisions

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

Andrew C -
v.
His Daughter Euphame

Date: 10 January 1650

Click here to view a pdf copy of this documet : PDF Copy

In the reduction, pursued by Andrew C— against his daughter Euphame, of an assignation made by him to her, upon a reason libelled upon presumptions, and especially that it was never delivered to her, being made by him for love, and for her provision the time of the sickness, when he was inclosed: In respect of the reason libelled, and reply, together with the depositions of certain witnesses examined ex officio nobili, and the parties' declarations, the Lords reduced the said assignation: but reserved, to the said Euphame and her husband, any action that they could have for any adventitious sums or goods which she had right to, intromitted with by her father, as administrator to her, and which, by a provision in the end of the said assignation, she was obliged to renounce. The which provision, if it had not been adjected, I could not think the foresaid assignation any thing else but donatio mortis causa; even as if a man, going off the country, had made to any such an assignation, the same would be thought of non-effect after his return; so this assignation, being made intuitu mortis imminentis, in respect of the pestilence raging, must be thought expired, the fear of that hazard being past.

Page 151.