Whether Liferent Provisions to Wives stante matrimonio be revocable.
The Relict of Dalgleish v. The Debtors of her Husband
1662.
January. Case No. No 340.
A liferent provision to a wife, not otherwise provided, granted stante matrimonio, not revocable, if suitable to the circumstances of the party.
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The Laird of Logie gives a bond to umquhile Walter Dalgleish, and Margaret Home his spouse in liferent, and to their two daughters in fee, for a sum of money; whereupon there is a comprising deduced in favours of the spouse in liferent, and the two daughters in fee, and they infeft. Thereafter, the said Walter dispones the said lands to certain of his creditors, who are infeft, and in possession; the said Margaret Home, upon her liferent right and infeftment pursues for mails and duties. It was excepted, that the pursuer's right is donatio inter virum et uxorem, revoked by the posterior disposition made to the defenders. It was answered, That the defunct's own right was but a liferent, the fee being in the person of the daughters; which fee, as the father could not revoke, nor could it be any ways quarrelled by the defenders, their right being long posterior thereto, no more could they quarrel the pursuer's liferent, which being but a mean and necessary provision for her aliment, she not being otherways provided by contract of marriage, it is not such a right, as could be revocable by any second disposition granted to the defenders, to whom the fee and property of the lands were disponed, without mentioning or reserving her liferent.
The Lords repelled the allegeance in respect of the answer.
Fol. Dic. v. 1. p. 411. Gilmour, No 21. p. 17.
*** In conformity with the above was decided Carmichael against Corsar, No 88. p. 5010.
