Subject_1 ALIMENT. Subject_2 ALIMENT due ex debito naturali.
Jean Home v. Assignee of Lady Wedderburn
Date: 12 July 1757 Case No. No 47.
Prior aliment by a mother deemed to be ex pietate, notwithstanding a child's supervenient fortune.
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Jean Home, with her fifter Isabel, had a bond of provision from their brother for 5000 merks; but it contained a clause, “That the money should be divided betwixt them by Ninian Home, by such proportions as he should think fit to appoint, by any writ under his hand, etiam in articulo mortis.”
This power of division was never exercised by Ninian Home. At his death, one half of the 5000 merks fell to Jean, by the legal construction of the bond.
From the date of the bond till the death of Ninian Home, which was twenty years, Jean Home, who had no fortune except the prospect of this bond, had lived in family with her mother Lady Wedderburn.
After the death of Ninian, Lady Wedderburn claimed aliment as due by her daughter Jean, for this intermediate space, in respect of her supervenient fortune.
In an action betwixt Lady Wedderburn's assignee and Jean Home, concerning this claim of aliment,
‘The Lords found, That Lady Wedderburn had no claim of aliment.’
For Assignee, Patrick Home.For Jean Home, J. Dalrymple.
Fol. Dic. v. 2. p. 22. Fac. Col. No 43. p. 70.
