The wife has retention of her tocher for security of provisions made for her, the husband being bankrupt at the time of the contract of marriage.
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By contract of marriage betwixt William Monro and Christian Monro, William provided her in the liferent of the lands of Teanaird, of L. 115 of yearly rent, to take effect at his death; and she conveyed to him de præsenti, a bond for L. 2853 Scots, due to her by a third party.
At the date of this contract, William Monro was entirely bankrupt; and therefore, before he got payment of his wife's bond of L. 2853, she brought a reduction of her contract of marriage in toto upon the head of imposition and lesion.
Pleaded for William Monro; The insolvency of the husband at the time of the contract of marriage, will not void the contract itself; the only consequence of it is, to give the wife retention for security of the provisions stipulated for her.
The Lords found Christian preferable upon the interest of the tocher for her liferent provision.
Act. John Dalrymple.Alt. Hamilton-Gordon.Clerk, Justice.
Fol. Div. v. 4. p. 16. Fac. Col. No 2. p. 4.
