Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Lady Aberlady and Hugh Kennedy her Husband v. Fletcher of Aberlady
Date: 23 February 1681
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The Lady Aberlady and Hugh Kennedy late of Ardmillan her husband against Fletcher now of Aberlady.—The debate, if her annuity of 2500 merks ought to bear a proportional part of the public burdens, being reported, the Lords found the minor's father Sir Andrew Fletcher having been in possession and use of payment of said annuity without burdens, the chargers must be free for bygones; which likewise they declare shall free the tutors and curators. And sustain the allegeance that Aberlady, this minor's father, retained a stock of which be paid no annualrcnt, nor is to pay till the decease of the Lady, to liberate her from the burdens in time coming; and find the answer relevant, that the stock foresaid was affected with debts due by Mr John Hay of Aberlady, the disponer, and the charger's first husband. See Nov. 1673, [page 33,] where the annuity was granted with absolute warrandice; but this alone was repelled as not sufficient to free her against public burdens, seeing she was infeft on it.
