The Lady Kincardine v. The Earl's Real Creditors by infeftment
Date: 29 November 1681 Case No. No 10.
Click here to view a pdf copy of this documet : PDF Copy
The Earl of Kincardine having granted a bond for implement of his contract of marriage, for securing of 80,000 gilders on land in favours of his Lady, in case of no children of the marriage, or of their dying before the age of 20, so as they might and did dispose of the same; with a resolutive clause making void the infeftment, in case of the children's attaining to that age.
“The Lords found, That the provision irritating the infeftment was to be strictly interpreted, and that it took effect by any of the children's attaining to the age of twenty, though they did not dispose of the sum;” and would not supply the words, so as they may and do dispose, as an omission, although they were mentioned in the narrative and procuratory and requisition, and the charter; “and found, That the infeftment was not a fiduciary security to the children, but only a security to the Lady of her right in the foresaid event.”
Fol. Dic. v. 1. p. 188. Harcarse, (Infeftment.) No 583. p. 162.
