Donatio inter virum et uxorem may be revoked at any time, and suffers not the negative prescription.
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Turnbull had granted a bond to Christian Grimman, his wife, her heirs and executors, for 1700 merks, stante matrimonio. She assigns this bond. The assignees charging, he suspends, on this reason, that it was donatio inter virum et uxorem, and revocable, and de facto by him revoked; 2do, The assignation was null, being granted by his wife viro vestita, without his consenting thereto; 3tio, Prior to the intimation she had discharged the bond. Answered to the 1st, The bond, bearing date in 1653, and he not revoking the same till 1653, after 42 years, his faculty of revocation was prescribed; 2do, The assignation needed not his consent, for it cannot be presumed he would consent to an assignation against himself; 3tio, She could not discharge, because it was provided to her heirs and executors, and not to herself. Replied, Such donations are never confirmed nisi morte concedentis, and therefore his revoking was actus meræ facultatis, which he might exercise any time; and if his faculty was prescribed, then the bond was also prescribed.—The Lords sustained the husband's revocation, and suspended the letters, and assoilzied him from the bond.
Reporter, Crocerig.
Fol. Dic. v. 2. p. 98. Fountainball, v. 1. p. 756
