[1742] Mor 11460
Subject_1 PRESUMPTION.
Subject_2 DIVISION III. Donatio non pręsumitur.
Subject_3 SECT. IV. Deeds in favour of a Wife or Child, whether presumed in satisfaction of their legal Claims.
Date: Creditors of Mitchell
v.
Warden
9 February 1742
Case No.No 135.
Click here to view a pdf copy of this documet : PDF Copy
A wife, by her contract of marriage, being entitled to a certain sum, her husband purchased an old house, and took a disposition to himself and wife, and the longest liver, in conjunct-fee and liferent. Thereafter he built a new house in the place of the old one. After his death, in a question between his creditors and his relict, she was found entitled to the rent of the new house, to the extent of her provision in the contract of marriage.
*** This case is No 38. p. 8275. voce Liferenter.
The electronic version of the text was provided by the Scottish Council of Law Reporting