Scottish Court of Session Decisions

Subject_1 FRAUD.

Creditors of Urquhart, &c
v.
Relict

1737, Nov. 8.
Case No. No. 8.

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The Lords, (28th June) adhered, and were of opinion that though Colonel Urquhart had been bankrupt and he under no previous obligation, yet he might grant provisions to his wife such as would have been rational at the time of the marriage.

Delayed (26th July) till to-morrow, that the petitioner's procurators may see the former acknowledgment as to the L.25,000 sterling, for the Lords did not incline to put their interlocutor as they formerly had done 28th June upon the abstract point of law, that a bankrupt can by a postnuptial deed grant a provision to his wife.

27th July,—None of us as I could observe were for adhering to our former interlocutor upon the general point of law, (except Arniston, who did not insist upon it,) but in respect of the claim he then had against the Sword-Blade Company, upon which he recovered L.25,000, found that the provision to the Lady was rational and not reducible on the act 1621, and, 8th November thereafter, adhered and refused a reclaiming bill-without answers.