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Elspeth Cruikshanks, and Mr John Johnston, Merchant in Aberdeen, Her Husband, against Robert Cruikshanks of Banchry, Her Father. [1685] Mor 12964 (24 February 1685)
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[1685] Mor 12964
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[1685] Mor 12964
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XII.
Provisions to Children when Prestable. - Provisions in a certain Event.
Elspeth Cruikshanks, and Mr John Johnston, Merchant in Aberdeen, Her Husband, against Robert Cruikshanks of Banchry, Her Father
Date: 24 February 1685 Case No. No 89.
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The Lords, on Carse's report, found, That the obligement in the said Robert's contract of marriage with the pursuer's mother, providing the conquest to the bairns of the marriage, resolves only into a destination; and that, notwithstanding of that clause, the father is fiar; and therefore refused to sustain process during the father's lifetime, either for liquidation or payment, or declaring that the father may do no deed that is gratuitous or voluntary, to the prejudice of the said clause of conquest. See the parallel case decided 27th November 1684, Simpson against Anderson, No 88. p. 12960.; only, here the clause of conquest runs, that he provides the conquest to the bairns in integrum, which conception was not so strong in Anderson's case.
Fol. Dic. v. 2. p. 287. Fountainhall, v. 1. p. 343.
