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.
Gordon v. Inglis
Date: 23 February 1681 Case No. No 126.
A husband whose wife died within year and day of the marriage, decerned to repay the tocher without any deduction except for the expenses of her funeral.
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Thomas Inglis being marrried to Agnes Gordon, aud having received 800 merks of tocher, Agnes dying within year and day of the marriage without children, Janet Gordon her sister, and executor, pursues Thomas Inglis to repete, and restore the tocher, who craved deduction of the expenses wared upon his wife's bridal-clothes, and her entertainment during her life, and her funeral charges. It was answered, That no deduction was ever allowed, or any expense during the marriage, though this case has frequently occurred.
The Lords refused all expenses during the marriage, expended by the husband, but deducted the funeral expenses, as being debursed after the dissolution of the marriage, and likeways any debt of the wife's, contracted by the wife before her marriage, for marriage-clothes, and others, and paid by the husband.
