A husband being obliged to eik a sum to the tocher, and employ both to his wife in life-rent, and to the children in fee, found not entitled after his wife's decease, to charge for the tocher, unless he would eik thereto his part, and once employ the whole for the children.
Click here to view a pdf copy of this documet : PDF Copy
In a suspension raised at the instance of Thomas Collison, for payment of three thousand merks, which he was obliged to pay in tocher with his daughter, in the contract of marriage betwixt him and the charger, upon this reason, That in that same contract, the charger, upon the payment of the tocher, was obliged to eik three thousand merks thereto, and employ the same for his wife's liferent, and his own, in conjunct fee, and the bairns to be procreated betwixt them; it was answered for the Charger, That the reason was noways relevant, because his wife being now dead, who was liferenter, the charger is now absolute fiar of the said sum, and, if it were employed, might uplift and assign the same It was replied, That the payment of the tocher, and the charger's obligement in a contract ought to be sumul et simel performed; and as to the event and import thereof, that it is not now in question. The Lords did find the reason relevant, and decerned the suspender to make payment, and the charger immediately to eik thereto the sum wherein he is obliged, and to employ the same, conform to destination, to himself and the children of the marriage, after his decease, his wife being now dead, that the children might be once secured therein, seeing there was no more here in question.
Fol. Dic. v. 1. p. 594. Gosford, MS. No 608. p. 133.
