Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Johnston and Captain Napier, Her Husband, v Johnston, Lady Logan. [1740] 2 Elchies 399 (11 June 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Elchies020399-016.html
[New search] [Printable PDF version] [Help]
Subject_1 MUTUAL CONTRACT.
Date: Johnston and Captain Napier, Her Husband,
v.
Johnston, Lady Logan
11 June 1740
Case No.No. 16.
Click here to view a pdf copy of this documet : PDF Copy
A Brother giving a gratuitous additional pension of 7000 merks to a sister who had already a competent one of 8000 merks, payable the first term after her marriage, but to return in case of her death without children existing at the time of her death, she assigned both provisions to her husband in the contract of marriage, who pursued for payment. In respect that from the circumstances, it appeared that the brother intended that the additional sum should return in case of no children, notwithstanding his sister's marriage, and that it should not be disappointed by her marriage, found the clause of return effectual notwithstanding the contract, and that her husband and assignee should on payment find caution to repeat upon the conditions existing.
The electronic version of the text was provided by the Scottish Council of Law Reporting