Deeds in favour of a Wife or Children, whether presumed in satisfaction of Debts due to him.
Fleming v. Gibson
Date: 19 November 1661 Case No. No 141.
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A relict, executrix to her husband, and thereby debtor to her children in their provisions constituted by the defunct, lent out a sum of money, in the name of two of these children, only payable to herself in liferent, with a substitution of one of these children to the other, failing heirs of their own body; and failing all these, to the mother herself and her heirs. In this case, the bond was found to be in satisfaction of the bairns portions pro tanto, and a donation pro reliquo, though it was argued, That parents, bestowing sums for the use of their bairns, are presumed, from natural affection, to do it animo donandi, and not to satisfy former provisions, unless so expressed; and here the bond was not simple, but bearing a clause of a liferent, and of a return to the mother herself, which were incompatible with an intention of satisfaction.
