Where there could be no opportunity of Paction, Donation is presumed or not according to circumstances.
George Melvill v. Mr Thomas Fergusson
Date: 25 June 1664 Case No. No 104.
A mother having alimented her son, was not entitled to payment therefor; but she having married, the stepfather was found entitled to payment for alimenting her son after her decease.
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George Melvill pursues Mr Thomas Fergusson's step-son for the value of his aliment, after the mother's decease. The defender alleged absolvitor, because the defunct was his own mother, and he had no means of his own; and it must be presumed that she entertained him free, out of her maternal affection, and that his step-father did the same, after he had married his mother.
The Lords sustained the first part of the defence, but not the second anent the step-father after the mother's decease.
Fol. Dic. V. 2. p. 141. Stair, v. 1. p. 206.
*** A similar decision was pronounced, 2d February 1672, Guthrie against Ld. of Mackerston, No 74. p. 10137. voce Periculum.
