Whether deeds betwixt Husband and Wife, where there are clauses favour of third parties are revocable, although gratuitous.
Hamilton v. Bain
Date: 15 January 1669 Case No. No 319.
Found in conformity with the above.
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Umquhile Agnes Anderson having disponed all her goods and moveables to ______ Bain's bairns of the first marriage, and made delivery thereof, conform to an instrument produced; and having thereafter married John Hamilton, he ratified the former deed done by his wife in favour of her bairns. She being now dead, both parties give in supplications, desiring possession of these goods disponed to the bairns: They alleged upon the mother's disposition, ratified by her second husband. And the husband alleging, That it being but a fictitious possession by an instrument, he, as husband, being dominus bonorum, is in the natural possession, seeing his wife's liferent use was reserved, and cannot summarily be put therefrom, hoc ordine, upon a supplication without process. 2dly, If he were in a process. he would exclude the bairns, because the disposition being made after his contract of marriage and proclamation, no deed of his wife's could then prejudge him; and as for his ratification, he did it to satisfy his wife's importunity, but being granted to a wife during the marriage, he may and does recal it, it was answered, That it was not a donation to his wife, but to his wife's children, which no law makes revocable.
Which the lords sustained, and found the husband could not recal bis ratification, not being in favour of his wife, but in favours of her children, at her desire.
