Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 29 Nov 1682
Euphame Seton, Lady Kirklands, v. Thomas Butter
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Euphame Seton, Lady Kirklands' action against Thomas Butter, tutor to her son, and executor to her husband, being reported by Castlehill; the Lords preferred the relict pursuer to her husband's creditors, not only quoad the funeral expenses, which is uncontroverted in law; but also for her mournings, he being of that rank and quality that his wife might wear them. 2do, For the servant's fees. 3tio, For the entertaining the family to the next term after his death; and 4to, For the expenses of her in-lying of a posthumous child, though the same fell to be after the term immediately subsequent to his decease, and so fell when she was entered to her own jointure.
Which last they had decided before, in 1675, in Agnes Wilkie's case against Morison; but quær, if under this she may claim the expense of the child's nurse's fee. And the Lords having remitted to Castlehill the auditor to consider the accounts given in by the relict, and to modify the same as he saw just; upon his report they modified to her 900 merks; she allowing, in the first end of it, what provisions she had in the house at the time of her husband's death, and any victual she received either then or since, providing it was not in payment of her jointure; and they found both the aliment to the term due, and that term due for her jointure, seeing she might lose a term by her dying before Whitsunday or Martinmas.
I find the Lords have allowed relicts' mournings even where the husband has died obæratus with more debt than their estate could pay; as in the case of Lady Kincardine and Lady Boggie.
