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A husband being obliged by his contract of marriage to provide his wife to a jointure in England, and the tocher being to be paid to him by the wife's mother the next term after the mother's decease, a creditor of the husband arrested the tocher. In the process of furthcoming declaratorie, it was alleged, That the obligement for the jointure, and payment of the tocher, were correspective obligations, though by distinct clauses; and that the provision for the wife's jointure not being fulfilled, and the husband bankrupt, the tocher could not be liable to his creditors but with the burden of her jointure, in case of her survivance; which allegeance the Lords found relevant, and refused [to cause] the mother to find caution upon the event, although she was an old Woman, not like to have heir or executor; and the term of payment not being till after her death, diligence by arrestment, or otherwise, could not be used; nor would the Lords decern her to employ it actually for securing of the jointure, her term of payment not being come.
Fol. Dic. v. 2. p. 596. Harcarse, (Contracts of Marriage.) No 346. p. 84.
