Scottish Court of Session Decisions

Subject_1 HUSBAND AND WIFE.

Laurie
v.
Executors of His Wife

1743, Jan. 25. Feb. 18.
Case No. No. 17.

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By Laurie's contract of marriage the wife's provisions are declared to be in satisfaction of all that she, her executors, or nearest of kin, could claim by or through the decease of the husband. The wife predeceased, and her executors claimed a third of the moveables. Arniston was clear that the clause extended or was meant to extend to both cases. I thought it was a questio voluntatis what the parties intended, and I greatly doubted of extending the clause beyond the words. The President was clear for the pursuer, who carried it by the casting vote of the President. Pro were Royston, Drummore, Haining, Strichen, Murkle, et ego. Con were Kilkerran, Arniston, Dun, Balmerino, Monzie, Leven. Altered 18th February. Murkle changed, and Haining absent, but Justice-Clerk was for adhering, and Monzie absent. 13th December Adhered.