Scottish Court of Session Decisions

Subject_1 MUTUAL CONTRACT.

Miss Murray, and Creditors of Mr Hugh Murray of Kinniumond, Competing

Date: 31 January 1744
Case No. No. 21.

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A contract of marriage providing in different events the whole or half of household plenishing to the wife, with a faculty of redemption in the different events to the children of the marriage, limited to a short time, the faculty was found to accresce to the husband's creditors, and that they could take the benefit of it even in exclusion of the child of the marriage, 3d January 1744. And by the same contract certain large sums being provided to the daughter or daughters of the marriage in case there were no sons; and by another clause the man's whole estate being settled by way of succession failing heirs-male of his body, upon the heirs-female or daughters of this marriage, so that it seemed probable that these money provisions were intended only for the event of his having only daughters of this marriage; but having sons of another marriage, and in fact the marriage dissolved by his death, the only daughter of this marriage was also heir of provision of his whole estate, whereof the greatest part was under a strict entail not liable to his debts;—yet because the words of the clause were general, “in case of no sons of this marriage,” the only daughter was found entitled to the money provision, and to compete with the other onerous creditors. Vide inter eosdem voce Executor, voce Jus QuÆsitum, & voceFraud.