Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Forbes and his Spouse
v.
Anna Blair

Date: 12 June 1669

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David Edgar, by contract of marriage with Anna Blair, having provided the children of the marriage to 4000 merks; and in case there should be more than one, they deceasing, their portions to acresce to the surviving: Doctor Forbes having married one of the children of that marriage, and thereby having right to a fourth part; and likewise having right to other 2000 merks, by the decease of two other children; and thereupon obtained a decreet against the heir and comprised the lands: Anna Blair, her mother, being likewise infeft in the said lands upon a disposition from the heir, did pursue reduction of the doctor and his wife's right of comprising, upon this reason,—That, before the decreet, she had accepted of a tack of the lands, bearing this provision, that she might either retain 1000 merks, which was her patrimony, or otherwise pay the tack-duty; which provision being an acknowledgment that there was no more due to her after the death of two of the children, whose portions had accresced to her, she should not take decreet for any more.

This reason was repelled, seeing the provision of the tack did not mention any thing that did accresce by the death of the other children, but was conceived only ut supra: Which the Lords did interpret to have been only of her proportion and part, as being one of the four children which were begotten of the marriage.

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