Scottish Court of Session Decisions

Subject_1 FRAUD.

Creditors of Mr Hugh Murray
v.
Miss Murray

Date: 16 July 1745
Case No. No. 15.

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By Mr Murray's postnuptial contract of marriage with Hugh Sommervill's daughter in 1739, the daughters of the marriage, if there were no sons, were provided, if only one to L.2000 sterling, payable at marriage or majority, besides their hope of succession in the estate of Melgund, when devolved to Mr Murray; and they were also provided to the succession of his own estate, failing heirs of his body, and his wife provided to L200 annuity. On the other hand, Mr Sommervill gave Mr Murray of tocher L2000 sterling, whereof L.1000 in hand, and the other payable at his death, and provided L.1000 more to Mrs Murray in liferent, and the children in fee, payable at his death, besides her equal share of his succession at his death. Mr Murray's creditors quarrelled this provision of L2000 as in fraudem creditorum; and alleged that Mr Murray was then insolvent. The Lords first found the reasons of reduction not relevant, but afterwards sustained the reasons of reduction, if it should appear that Mr Murray was insolvent at the date of the contract. Vide inter eosdem voce Mutual Contract.—Executor.—Jus Quæsitum Tertio.