Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Scot, Relict of Elliot of Grange, v. Airly of Blackhill
Date: 26 January 1697
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Mersington reported Scot, relict of Elliot of Grange, and Airly of Blackhill, —being a competition for preference. The relict claimed both the liferent of 600 merks per annum, and likewise of a house, orchard, and acres in Jedburgh. The creditor contended, By the contract of marriage thir were not separate provisions; but the last was only in farther implement and security of the first pro tanto; for it run in thir terms after the obligement for the 600 merks by year:—” And farther, in implement, and for the fulfilling of his part, to dispone to her the foresaid house, &c. but during her viduity only.”—Which Blackhill interpreted to be in implement of the first part of the contract, and for her better security.
Answered for the widow, It was a clear addition over and above the former, it having a distinct period, viz. her viduity, which the first has not.
The Lords were divided in this, as being dubious, and a casus arbitrarius de conjecturata mente defuncti. But the plurality found it an addition to her jointure, and not a security given her only pro tanto.
