Subject_1 HUSBAND and WIFE. Subject_2 DIVISION IX.
The wife's personal privileges.
Gay v. Herbertson
1682.
March. Case No. No 287.
Click here to view a pdf copy of this documet : PDF Copy
A wife having quarrelled her consent stante matrimonio to a bond of 2000 merks granted to her husband's nephew, when the husband was on deathbed,
Answered; A wife might validly dispone her rights to a third party; and the husband being in lecto, she had a right to thirds.
Replied; Whatever might be said had she disponed principaliter, she here but consents. 2do, A wife has no right to thirds till after the dissolution of the marriage.
The Lords found, that the wife's consent was not a non repugnantia, but that she might quarrel her consent, and claim her whole share, although she granted this consent in contemplation of a disposition of the whole goods, which disposition the nephew renewed re integra.
