Deeds in favour of a Wife or Children, whether presumed in satisfaction of Debts due to him.
Robertson v. Executors of the deceased Dr Robertson
Date: 4 December 1728 Case No. No 149.
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Dr Robertson, in his nephew Archibald's contract of marriage, became bound to provide and secure at the first term after his death the sum of L. 300 Sterling to the said Archibald and his future spouse, &c. Thereafter the Doctor secured the sum of 6000 merks upon the estate of Bedlormie by an heritable bond and infeftment, which he took to himself and heirs whatsomever. The said Archibald succeeding to these subjects as heir whatsomever, the defunct having left no heirs of his own body, insisted against the executors for payment of the said L. 300 stipulated to him by his uncle in his contract of marriage. The defence was, That Dr Robertson had implemented this obligation by securing L. 300 to the pursuer upon the estate of Bedlormie, which has devolved upon him. Answered, When the Doctor took the forementioned subject to himself and his heirs whatsomever, he had certainly no intention of implementing the obligation which he bound himself in, to his nephew. At that that time he had the expectation of nearer heirs, and questionless had it in his view that those subjects might be inherited by his own children, while his nephew's L. 300 was to be a burden upon his executry. The Lords repelled the defence against the pursuer's title, and found, That, notwithstanding of his being heir, he was not excluded from pursuing for the debt libelled. See Appendix.
