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.
Marquis of Montrose, Donatar to Buchanan's escheat, v. His Relict
1683.
March. Case No. No 128.
A person whose escheat was gifted, dying unrelaxed, the donatar was found liable for the expense of his funeral, and not his relict, who was provided in a jointure.
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A husband becoming rebel at the horn, after he had disponed several goods to his wife stante matrimonio, the Lords found these goods fell in his escheat, as being a tacit revocation, and a legal assignation of the moveables or goods that recurred back to him jure mariti; but found, that the donatar ought to allow the expense of the funeral of the rebel, who died unrelaxed, seeing in that case there could be no executry, and the donatar had got a lucrative disposition of his lands.
The Lady being provided by her contract of marriage to the house and parks indefinite, the Lords found the provision was to be understood only of such parks as the husband kept for the use of his own family, and not such as were set out to fleshers for fatting of cattle, and that she had not the rent of these as fructus bona fide percepti, even before interlocutor, in respect she had a jointure payable out of the estate by way of annualrent, in payment whereof the rent of that park ought to be imputed.
Fol. Dic. v. 1. p. 396. Harcarse, (Escheats). No 427. p. 113.
