Subject_1 ANNUALRENT. Subject_2 ANNUALRENT allowed ob favorem.
Margaret Inglis v. Thomas Inglis
Date: 25 June 1664 Case No. No 106.
A legacy being left to a bastard daughter, one half payable at her marriage, the other at the death of the testator's wife; annualrent allowed on the first mentioned half, not on the other, because she ought not be put to the necessity of marrying.
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Margaret Inglis having obtained a decreet before the Commissaries of Edinburgh against Thomas Inglis, for giving her security of L. 1000 in legacy, left in her father's testament, and for payment of the annualrent of the said legacy: Thomas suspends on this reason, That the legacy being left to be paid, the one-half at the charger's marriage, and the other half at the death of the defunct's wife, bore no annualrent, as neither doth any other legacy, much less this, being in diem incertum, which is equivalent to a conditional legacy; for, if the defunct's wife had survived the legatar, or if she never marry, nothing will ever be due. The charger answered, That this legacy was in effect alimentar, though not expressly left eo nomine; and therefore ought to be profitable, and that the Lords had been accustomed to give annualrent in such cases, as in the case of Lady Otter and her Daughters*. The suspender answered, That the case was far different, these being lawful daughters, and their provisions being in lieu of an estate of land, and this charger being but a bastard, and come to that age that she may serve for her maintenance.
The Lords, considering that the one-half of the sum was payable at the time of the charger's marriage, being a condition in her own power, and that it was not favourable to put her to a necessity to marry: Therefore they sustained annualrents for that half, but not for the other.
