Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XXI.
Provisions in a postnuptial contract, whether effectual to competent with onerous creditors?
Cannan v. Greig
Date: 26 November 1794 Case No. No 162.
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A wife having, in a postnuptial contract of marriage, disponed lands to her husband in liferent, and to the heirs of the marriage in fee, a clause was subjoined, granting power to the husband, ‘if he shall see cause, to sell the lands, or burden them with debt at his pleasure, in every respect as if he had been unlimited fiar, on condition that he granted security to provide the heir in L. 2000, payable at his death.’ The disponee contracted debts beyond the value of the estate, and died without granting bond or security for the L. 2000 to his heir. The Lords found the heir preferable for that sum to all the onerous creditors of the disponee.
Fol Dic. v. 4. p. 188. Fac. Col.
*** This case is No 60. p. 12005. voce Process.
See Cunningham against Cunningham, No 139. p. 13024.
