Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Rankine v Rankine. [1736] 2 Elchies 392 (25 June 1736)
URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies020392-004.html
Cite as: [1736] 2 Elchies 392
[New search] [Printable PDF version] [Help]
[1736] 2 Elchies 392
Subject_1 MUTUAL CONTRACT.
Date: Rankine
v.
Rankine
25 June 1736
Case No.No. 4.
Click here to view a pdf copy of this documet : PDF Copy
A provision in a tenant's contract of marriage of his stock and conquest to the heirs and bairns of the marriage, found to bring in all the children in capita as heirs of provision, though some of the subjects afterwards conquest were heritable. 2do, Though it was thought that the father has a power of division, yet the taking heritable bonds to heirs and assignees did not prejudge the younger children's right. 3tio, The eldest son could not discharge that provision on death-bed in prejudice of his children. 4to, That the father could not by disponing to his younger children on death-bed, prejudge the children of his eldest son. 5to, That what was given by the father to his eldest son at his marriage settlement, though not bearing in satisfaction either in whole or in part, yet must be imputed in part payment of his provision, 17th February 1736. And this last anent the imputation was adhered to, 25th June 1736.
The electronic version of the text was provided by the Scottish Council of Law Reporting