Scottish Court of Session Decisions

Subject_1 PROVISION TO HEIRS AND CHILDREN.

Sir Kenneth M'Kenzie
v.
Sutherland, &c

1750, July 18.
Case No. No. 13.

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Mrs El. Edwards, last Lady Kinminnity, after her husband Kiuminnity's death gave a bond for love and favour to her daughter (of a former marriage) for 4000 merks, payable at her marriage, with annualrent from 1723, if she should not be sooner married before that time, but under express condition that if she died unmarried, or if she married without her consent in writing the bond should return to herself. This bond she put in the hands of Sir Patrick Strachan of Glenkindy, her uncle, who at the same time gave another bond for the like sum, payable at marriage, and under condition of her marrying with the Lady's consent in writing. On the death of Kinminnity's son the Lady thought that a marriage betwixt the young Lady and Sutherland of Clyne would be reasonable, and gave encouragement to him; and he came in suit, but she insisted on a tailzie of the estate and certain other conditions wherein they did not agree, and the Lady made a runaway marriage by the advice of some friends. After some months the Lady was so far reconciled as to give and receive visits and to declare her inclinations to be yet kind to them if they would give her the management of the estate; but afterwards she married Sir Kenneth M'Kenzie and made over her claims on Kinminnity's estate, which have since been ascertained, to his heirs, in the ranking of the creditors. But they pleaded compensation on the 4000 merks bond, which we sustained 6th June last, and this day adhered notwithstanding not only there was no consent in writing by the Lady, but pretty strong proof of dissent, renit President, Woodhall, et me.