Alimentary Provision, where the Grantee comes to be otherwise provided. Condition, Si sine liberis decesserit.
Gray of Crichie v. Marquis of Monrose
Date: 13 July 1688 Case No. No 49.
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The Marquis of Montrose having granted a bond for 800 merks yearly to Lady Jean his sister, expressing to be for her aliment and subsistence, and the said Lady Jean having afterwards, through the moyen of the late Marquis, son to the granter, obtained a yearly pension of L. 100 from the King, she neglected several years to call for the 800 merks; but at her death she legated L. 150 Sterling to the Lady Gray, with whom she had staid, and 2000 merks Scots to the physician that had attended her eleven years, which legatars pursued this young Earl.
Alleged for the defender; That the testator having a sufficient fund of aliment by the L. 100 pension, the impulsive cause of the bond ceased; especially considering, that the pension was procured by the defender's father.
The Lords decerned, because though the aliment was the impulsive cause of the bond, it did not cease to be effectual by the supervenient accession of the pension.
Fol. Dic. v. 1. p. 429. Harcarse, (Aliment.) No 24. p. 6.
