[1743] Mor 6161
Subject_1 HUSBAND and WIFE.
Subject_2 DIVISION XI. Marriage Dissolving within the Year, all things are Restored hinc inde.
Subject_3 SECT. I. Terce. - Second Marriage. - Mournings. - Effect as to Postnuptial Contracts. - Effect as to Liferent Provisions.
Date: Margaret Gordon
v.
Stewart and Others
19 February 1743
Case No.No 372.
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Found, that even where marriage dissolves within year and day, the relict is entitled to mournings.
The point was new; the mournings were considered to be due in this case, not so properly as a legal consequence of marriage, as that the wife, being a part of the husband's family, ought to have mournings, as what the respect due to the husband's family required, as it did, that servants get mourning.
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