In a declarator of the casuality of marriage, the Lords modified two full years' rent, and had no consideration of the tocher received by the vassal as part of the estate in valuing the apparent heir's marriage, because it was liferented by the relict.
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James Baird, writer to the signet, pursues Morison of Pitfour, as apparent heir to his brother, for declaring the ward, non-entry, and marriage of his lands, whereunto he was constituted donatar by a gift from his Majesty. The defender being past minority at his brother's death, there was no ward due; and for the non-entry, the Lords found, before citation in this declarator, the retoured duty was only what the donatar could claim; but decerned for the full mails and duties from the citation to the time of his being entered in the ward-feu; and found the vassal last infeft died in September 1689, and the citation in this process was not till June 1699, so the retoured mails were due only preceding that citation; and for the casualty of the marriage, modified two full years of the free rent of the lands; but refused to have any consideration of the tocher received by the last vassal, as a part of his estate, in valuing the apparent heir's marriage, because it was liferented by the relict, and so omitted in the valuation, these consequences of superiorities being unfavourable.
Fol. Dic. v. 1. p. 570. Fountainhall, v. 2. p. 123.
