Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 16 February 1683
Baith v. Beith
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Baith against Beith, reported by Redford. In a contract-matrimonial, the husband's father obliges himself that his son shall come in equally with the rest of his children, both as to all moveables and heritage he shall happen to have at the time of his decease: thereafter he assigns an heritable bond to another son: the brother quarrels this; and, craving a share of it upon the foresaid clause, it was answered,—The clause not took away his jus et liberum arbitrium disponendi, and he had not this at the time of his decease, being denuded; and so fell not under the clause.
The Lords finding it was not for onerous causes, nor upon necessity, to a stranger, but merely gratuitous to another child, they judged it fraudulent; at least not the parents' design to innovate the clause, and only to give it pro tanto; and therefore admitted the brother to a part of it.
