A letter from a brother to a sister, promising her a bond for a sum, found to oblige him to grant it, free of all clogging conditions.
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Margaret Ker, and John Stevenson, her husband, pursued Alexander Ker of Keith, her brother, upon a missive letter wrote by him to her, in these terms, “Dear sister, I always designed to make a bond of provision in your favour, for L. 500 Sterling, and I assure you I will do it upon demand.”
Answered, The letter only expresses what was the writer's present intention, and does not import any obligation upon him. If it is obligatory, it is to grant a bond of provision; and, as it does not set forth the terms thereof, must be understood according to the ordinary terms of provisions, and be payable at the granter's death; as also to imply such conditions as might be reasonable for a brother giving a gratuitous provision to a sister to adject thereto, such as that she should marry with his consent, at least she should marry suitably, which she has not done, her husband being one of the defendant's tenants.
Replied, The promise was not wholly gratuitous; the defender and pursuer were both left unprovided by their parents, so that she had gone to service; but he, who was bred a merchant, and was set up, though with small stock, persuaded her to live with him, and direct his family, which she did for fifteen or sixteen years, during which time he made a considerable fortune. The letter contains no conditions, but is a positive promise; and her marriage has not been so unsuitable as is alleged, her husband's stocking upon his farm being worth L. 200 Sterling, and he having a term to run of twelve or thirteen years of a farm paying L. 78 Sterling.
The Lords repelled the defences, and found the defender obliged to pay the sum of L. 500 Sterling, with interest from the date of the execution of the summons, or grant bond therefor at the sight of the Lord Ordinary.
Act. Ferguson.Alt. R. Craigie.Reporter, Justice Clerk.Clerk, Forbes.
Fol. Dic. v. 4. p. 23. D. Falconer, v. 2. No 238. p. 290.
