Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> George Gellan v David Corsar. [1687] 2 Brn 103 (00 February 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn020103-0273.html
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
George Gellan
v.
David Corsar
1687 .February .Click here to view a pdf copy of this documet : PDF Copy
A man having assigned to his father, by way of aliment, the sum in a bond formerly taken by him to his wife, in liferent, stante matrimonio, with whom he had made no contract;—in a competition, after his decease, betwixt his relict and father, it was alleged for the relict, That provisions, stante matrimonio, to wives having no contract, are not revokable as donations, marriage being an onerous cause. Answered, The husband is fiar in the bond, and might alter; 2. The bond doth not relate to the marriage, and wives have the legal provision of third and terce; and here the husband hath settled on his wife a large provision above what could have fallen to her by law; and, in quantum the liferent of the bond exceeds the legal provision, it is donatio. The Lords preferred the father during his life.
Page 99, No. 385.
The electronic version of the text was provided by the Scottish Council of Law Reporting