Subject_1 HUSBAND and WIFE. Subject_2 DIVISION III.
Mutual Duties betwixt Husband and Wife.
Subject_3 SECT. VI.
Mournings. - Funeral Expenses. - Expense of a Posthumous Child.
Wilkie v. Morrison
Date: 7 July 1675 Case No. No 125.
Found in conformity with Murray against Neilson, No 123. p. 5921.
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Agnes Wilkie pursues Christian Morison for the funeral expenses of her husband, and her son, to whom Christian is heir and executor, and for the pursuer's mournings for her husband, and for the aliment of the child, who lived eight months after his father. The defender alleged absolvitor, as to the mournings, because the pursuer had a sufficient provision of her own; and, as to the aliment, because it was presumed to be ex pietate materna, because she liferented his whole means, and it could not be thought, her entertaining of an infant, was upon account to oblige him. 2do, She, as liferentrix of his whole means, was obliged de jure to aliment him. The pursuer answered, That the child having a considerable stock of money of his own, there was no place for the presumption, neither was she obliged to dispute her intentions; for, though her intention had been not to burden her son, yet by his death, his estate falling to his father's sister, there was no ground to exeem her, neither is there any ground to oblige a liferenter of bonds and sums to aliment the heir, for the act of Parliament, appointing the aliment of heirs, is only in relation to vassals' heirs in lands, that they may be alimented out of the lands, though liferented, and so capacitated to serve their superiors.
The Lords sustained the process, and repelled the defences; and found, that those who represented the husband, were liable for the wife's mournings, and for the aliment of the child.
