Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XII.
Provisions to Children when Prestable. - Provisions in a certain Event.
Hamilton v. Hamilton
Date: 2 July 1696 Case No. No 91.
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Halcraig reported the Children of Hamilton of Newtoun, and Gabriel Hamilton of Westburn, their uncle, against the said Hamilton of Newtoun, their father, for implement of the provision of 10,000 merks contained in their mother's contract of marriage, whereby it was made payable at the death of the first deceaser, and ita est their mother was dead. Alleged, The children being minors within pupillarity, none could give him a valid discharge and renunciation on payment, he being their administrator in law. Answered, The uncle, by the contract, being the person at whose instance execution was appointed to pass, he could discharge, and he craved up the sum that it might bear anualrent. The Lords thought it not fit to loose the filial dependence on parents; but, in respect of the conception of the contract, they decerned him to secure that sum to the children with the annualrent thereof; out of which he was to have allowance for the alimenting and entertaining them primo loco, seeing they would not permit his children (though he was married again) to be taken from him, their education belonging to him jure naturæ; and that the securing it could not be suspended to their respective marriages or majority.
Fol. Dic. v. 2. p. 285. Fountainhall, v. 1. p. 725.
