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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Campbell v Campbell, &c. [1739] 1 Elchies 35 (21 December 1739)
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Cite as: [1739] 1 Elchies 35
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[1739] 1 Elchies 35
Subject_1 ARBITRIUM BONI VIRI.
Captain Campbell
v.
Campbell, &c
1739 ,Dec. 21 .
Case No.No. 2.
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Find that a provision in a contract of marriage, in favours of bairns of a marriage, is not fulfilled by giving the whole to one. 2dly, That the father has a natural power of division. 3dly, That the father may lay out his money on a land estate, and give it to his eldest son, and burden it with provisions in money to the other children. 4thly, That he had power to delegate that faculty to other friends to be executed after his death.— Renitentibus Arniston, Dun, Haining, and Tweddale. January 5th, The Lords adhered, and refused a bill without answers.—15th December 1738.
In this case, mentioned supra, 15th December 1738, The Lords found the disposition to the eldest son void in toto, and that we could not sustain and burden it with rational provisions, since the referees have declined to determine these provisions. It carried six to five, besides the President, who was on the side of the majority.—Renitenlibus Royston, (who was Reporter) Drummore, Strichen, Dun, and Arniston.
The electronic version of the text was provided by the Scottish Council of Law Reporting