Agreement settling the amount of a separate maintenance, revocable by the wife.
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Robert Allan and Marjory Cramond, spouses, having lived for some years in very bad terms, agreed at last to a separation, which was executed, at the sight of the friends of both parties, by a writing, in which he obliged himself to pay her, of separate aliment, L. 5 yearly, during their joint lives; which was about one-sixth of his free estate; and she obliged herself to renounce all farther claim of aliment or separate maintenance.
She received this separate maintenance for five years; but, at the end of that term, sued her husband for a higher separate maintenance; pleading, That she might revoke the former agreement as a bargain betwixt husband and wife.
Answered, The reason on which donations inter virum et uxorem are revocable, is, Ne mutuo amore se spolient; but here was no donation of that kind, nor any fear of that consequence; and the agreement was a settlement consented to by the wife's friends, and acquiesced in by her for five years.
‘The Lords found the agreement revocable.’
Act. Rae, Lockhart.Alt. J. Dalrymple, Craigie.
Fol. Dic. v. 3. p. 288. Fac. Col. No 5. p. 7.
