Scottish Court of Session Decisions

Subject_1 HERITABLE AND MOVEABLE.

Fisher
v.
Murray

Date: 8 July 1737
Case No. No. 5.

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A Wife by a post-nuptial contract being provided to an annuity out of wadset lands, with an obligement to make up the deficiency out of the annualrents of the husband's bonds, bills, and trade; and in case of redemption, the husband is bound to add as much to the wadset sum as to make up the annuity, and to employ it on land to the wife in liferent, and the heirs of the marriage in fee, which failing, his heirs and assignees; and the wife is further assigned to one-third in case of issue, and one half in case of none, of all free moveables, goods, gear, and household plenishing, that he should have at his death. The wadset was redeemed, and the heir admitted he was liable for the annualrents of the wadset sum; but the question was as to the deficiency, whether it should affect the heir or the executry? The Lords found that it affected the executry, and that out of it a certain sum should be secured to complete the life-rent. 2do, Whetherthe wife had by the above clause assigning to her a proportion of moveables, right to debts and sums of money as well as corpora? The Ordinary found she had right to a share of moveables of whatever kind falling under executry;—which was not reclaimed against in due time, 3tio, Whether the relict had right to the fee of a share of the moveables to be stocked out for her jointure? The Lords found that she had right.