Effect of the Apparent Heir's interference, and extent of his Interest in the Estate.
Mrs Ann Macdonald v. Charles Mackinnon
Date: 15 February 1765 Case No. No 35.
A jointure provided by the actual heir in possession, good against the estate.
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John Mackinnon, tacksman of Mishinish, married Ann Macdonald, daughter of Donald Macdonald of Benbecula, and, by postnuptial contract, provided her, in the event of her survivance, in a liferent-annuity of 200 merks.
During the marriage, Mishinish acquired the possession of the estate of Mackinnon, in the manner explained in the preceding decision. And, upon the narrative, that a small additional tocher had been paid him, he provided her in the locality of certain lands, part of the estate of Mackinnon.
After the death of Mishinish, an action was brought by his widow against Charles Mackinnon, now of Mackinnon, for the mails and duties of her locality lands.
Sundry objections were pleaded to the titles produced by the pursuer; but what the defender relied on, was the general argument of the defect of power in Mishinish to burden the estate.
“The Lords repelled the defences.”
Act. Montgomery, Wight.Alt. Burnet.
Fac. Col. No 2. p. 198.
1771. February 25.
*** This and the preceding case having been appealed, the House of Lords Ordered and Adjudged, That the appeal be dismissed, and that the interlocutors therein complained of be, and the same are, hereby affirmed.
