Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Date: 18 November 1671
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The Lords found a clause in a contract of marriage, that such a woman shall be a bairn of the house, notwithstanding her tocher, obligatory; so that the wife may not, in prejudice of her husband, dispose upon it in testament to her own children, nor discharge it. Vide Dury, 6 July, 1630, Aikenhead against Both-well. Vide Hope, tit. De successionibus, in practicis observationibus patris, folio 108, ubi contrarium; as also Lex 15. C. de Pactis seems contrary. Dury, 15th July, 1636, Drummond.
