Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XVI.
Powers of the Father where the Fee is provided by his marriage-contract to the Heir of the Marriage.
Dick v. Lindsay
Date: 20 December 1776 Case No. No 140.
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Dick, by his marriage-contract, disponed to the children of the marriage his whole heritable and moveable property at his death, under the burden of a provision to his wife. Being displeased with the conduct of his eldest son Richard, he altered this settlement, leaving only a trifle to Richard's wife and children. After his death, Richard brought a reduction of this last deed against his father's trustees, as being contrary to the provisions of the marriage-contract, and ultra vires of the father; and pleaded, That his jus crediti could not be disappointed, whatever had been his misconduct, of which, however, there was no proof. Answered, The powers of a father, even in the case of special provisions in favour of children, are ample and discretionary, if nothing arbitrary or fraudulent is done; much more are they so, where the provision is indefinite. The Lords repelled the reasons of reduction. See Appendix.
