A lady, minor, found entitled to reduce her contract of marriage upon enorm lesion.
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In a reduction at the instance of the said Agnes, of her contract of marriage ex capite minoritatis et læsionis, in so far as she disponed to her husband and his heirs, in case there were no heirs of the marriage, her lands and heritage, worth 300 merks yearly, and 2000 merks of moveables, without reserving her own liferent, and being provided only in liferent to 200 merks yearly; so that the husband being now dead, and there being no heirs of the marriage, the heirs who were strangers were to enjoy her whole estate; the Lords sustained this reason to reduce the contract ad arbitrium boni viri, and for that effect ordained probation to be led as to the worth of the lands; notwithstanding it was alleged that contracts of marriage were such deeds as could not be reduced, they being in law so favourable.
This was done in respect of former practics upon the 22d of November 1664, betwixt M'Gill and the Laird of Gairn, No 77. p. 5696, voce Homologation.
Fol. Dic. v. 1. p. 581. Gosford, MS. No 123. p. 123.
