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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nicol Somervell, Writer in Edinburgh, v John Dundas, Advocate, and Ninian Anderson, Merchant in Edinburgh. [1705] 5 Brn 20 (14 July 1705)
URL: http://www.bailii.org/scot/cases/ScotCS/1705/Brn050020-0012.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by WILLIAM FORBES, ADVOCATE.
Date: Nicol Somervell, Writer in Edinburgh,
v.
John Dundas, Advocate, and Ninian Anderson, Merchant in Edinburgh
14 July 1705 Click here to view a pdf copy of this documet : PDF Copy
Margaret Abercrombie, having disponed her whole estate to Nicol Somervell, her husband; and delivered, on her death-bed, L.100 Scots to a trustee, to be given to Mr. John Dundas, and Ninian Anderson, which they received the day after her decease: Nicol, the husband, pursued the legatars for repetition of the money, upon this ground, that what was lying by his wife, belonged to him jure mariti, and could not be disposed of without his consent.
answered.—Margaret Abercrombie, the testatrix, leaving a considerable estate to the pursuer, in bonds bearing annual-rent, which fell not under the jus mariti, she might have burdened the same with legacies at her pleasure, which he would have found himself obliged to make effectual; and, therefore, he cannot repeat so small a compliment, actually delivered to the defenders by the defunct's order.
The Lords' assoilyied the defenders, and found them not liable to refund the L. 100.
Page 27.
The electronic version of the text was provided by the Scottish Council of Law Reporting