Scottish Court of Session Decisions

Subject_1 MUTUAL CONTRACT.

Chiristian Stenhouse
v.
Jean Young

Date: 13 July 1737
Case No. No. 6.

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A husband obliging himself in his contract of marriage to secure 6000 merks to himself and spouse in conjunct-fee and liferent, and to the heirs and bairns of the marriage in fee, and providing also the conquest to the heirs of the marriage, the husband purchased some houses and took the rights to heirs whatsomever, and in one of his daughters contract of marriage gave with her in tocher 2000 merks, which he secured by wadset on one of these houses; and having died, having only that daughter and another; the Lords found the two daughters creditors by the contract in 6000 merks; that the 2000 merks must impute pro tanto in that daughter's half, whereby she is creditor in 1000 merks more, and the other daughter in 3000 merks; that the defunct's free estate must be applied first in payment of these sums, and the remainder divides equally betwixt the two daughters.