Click here to view a pdf copy of this documet : PDF Copy
Mr. Grieve, possessed of various funds both in Russia and England, and a landed estate in Scotland, executed a settlement, giving his wife in the event of her survivance, a large annuity out of his Russian property, a house in England, and the life-rent of the price of his Scots estates when sold. The last part of his settlement became ineffectual, owing to the form of the deed. The widow having claimed a terce from the Scots estate, the heirs of the husband objected the clause of act 1681. C. 10. which statutes, that wherever there is a particular provision in favour of the wife, she shall have no claim of terce, unless it is specially declared, that the provision is granted over and above the terce. Answered, Wherever it appears to have been the husband's intention, that the widow should enjoy both the provision and a terce, the statute is inapplicable; but here it was evidently the husband's intention, that she should enjoy much more than a terce, even a life-rent of the whole lands over and above the special provision. The Lords found the claimant entitled to a terce.
Fac. Coll.
*** This case is No. 91. p. 6457. voce Implied Discharge.
