Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. VII.
Obligation by one in his contract of marriage, to provide certain sums or subjects to the issue of the marriage, how far effectual in competition with creditors?
Lyon v. Creditors of Easter Ogle
Date: 24 January 1724 Case No. No 59.
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A man, in his contract of marriage, bound himself to pay a certain sum to the daughters to be procreated, payable at their marriages, if in his life, or, in case of his predecease, upon their attaining the age of 18. The father falling into bad circumstances, a daughter, with concourse of the friends, at whose instance execution was to pass, led an adjudication against the father's estate within year and day of his other creditors adjudgers; who, in a competition, pleaded, That provisions in a contract of marriage were of the nature of succession, and must yield to lawful debts; and likewise, that an adjudication upon an obligation, the term of payment of which was not come, could not compete with their bonds, to which the law allowed paratam executionem. The Lords found the daughter's adjudication preferable pari passu with the other creditors.
Rem. Dec. Edgar.
*** This case is No 58. p. 8150, voce Legal Diligence.
