Scottish Court of Session Decisions

Subject_1 FRAUD.

Colonel Gay, and other Creditors of Colonel Urquhart,
v.
His Relict

Date: 8 November 1737
Case No. No. 8.

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Colonel Urquhart having in June 1720 purchased the lands of Arboll of 1300 merks rent by a minute of sale, which was afterwards cancelled, at least did not appear, he in December that year, after he was quite insolvent through the fall of the stocks, took the lands to his lady in liferent, (who had got no former provision,) and to his son in fee; and the creditors having raised reduction on the act 1621, the Lord Ordinary sustained the Lady's liferent as being a rational provision, she not being otherwise provided, but found that the son could have no preference on his right of fee in prejudice of lawful creditors; and the Lords at first simply adhered; and then it seemed to be the opinion of the majority, that a husband, though becoming bankrupt during his marriage, might provide his wife, being till then unprovided, in such a liferent as would have been suitable at the time of his marriage, though in prejudice of prior lawful creditors; however, they afterwards altered their opinion on that general point; but in respect of a great claim the Colonel had at the time of the disposition on the Sword-Blade Company, upon which he afterwards actually recovered L.25,000 sterling, (though no account could be given what became of it;) they found the provision rational, and not reducible on the act 1621.