Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 ALIMENT.
Subject_3 Additional Aliment due to the Widow when her Terce is inadequate.

Mrs Nicolas Thompson and Others
v.
David Mac-Culloch and his TUTORS ad litem

Date: 8 March 1778

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[Faculty Collection, VIII. 34; Dictionary, 434.]

Braxfield. As to aliment for the children, there is no doubt. As to the right of the widow, a widow unprovided is entitled in law to an aliment suitable to her husband's circumstances, in case she does not accept of a voluntary provision. What is suitable to a husband's circumstances? If the husband has bonds, bearing interest, to the value of L.10,000, and a land estate of L.50 per annum, would the terce of the income of that estate be a sufficient provision? I would provide for the younger children, and then give the widow the third of the remainder.

Covington. That seems rather too much; for the heir is proprietor, and liable to fall of rents and expense of management.

On the 8th March 1778, “The Lords decerned L.60 to the children for seven years, or till recalled by the Court; and they decerned L.20 in addition to the widow's L40.”

Act. Ilay Campbell. Alt. A. Gordon, Btius. Incidental, Inner-house.