Whether deeds betwixt Husband and Wife, where there are clauses favour of third parties are revocable, although gratuitous.
Bessie Muir v. Jean Stirling
Date: 19 February 1663 Case No. No 318.
A donation by a wife, directly in favour of her husband's children, et e contra, is not revocable.
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The said Bessie Muir pursues her mother, as executrix to her father, for payment of a legacy of 8000 merks left in his testament, subscribed by the defender, and confirmed by her after her husband's death.—The defender alleged absolvitor, because she, by the contract of marriage, was provided to the liferent of all sums to be conquest; and albeit she consented to the legacy, it was donatio inter virum et uxorem; and for her confirmation, it cannot import a passing from her own right, but only her purpose to execute the defunct's will according to law, especially she being an illiterate person.—The pursuer answered, That this donation was not by the wife, to, or in favour of the husband, but of their children, which is not revocable; and also the confirmation homologates the same, seeing the wife might have confirmed, and protested to be without prejudice of her own right.
The Lords repelled the defence, in respect of the reply.
