Scottish Court of Session Decisions

Subject_1 HUSBAND AND WIFE.

Riddell
v.
Inglis

1750, Jan. 16.
Case No. No. 34.

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A husband making a settlement to his wife and children, which contained certain provisions in both events of his own and his wife's predecease, he became bound to pay to them certain sums at their majority or marriage, and in the mean time to aliment and educate them. He gave this settlement to his wife, and sometime after she lodged it with a friend for the childrens behoof, and soon after died. The only surviving daughter made a runaway marriage and assigned her provision, who sued the father, and his defence was that the deed was not delivered, and that delivery to his wife was no delivery, her custody and possession was his, and she could not deliver it without his consent; but we found it a delivered evident, renit. multum Kilkerran,—3d January 1750. My chief reason was, that the obligement in case of the wife's predecease to pay portions in his own life to his children, and in the meantime to aliment and educate, must be intended to be binding on him in his own life, and could not have been given the wife custodiæ causa since it was to take effect only in the case of her predecease; and this day we adhered,—16th January.