Scottish Court of Session Decisions

The late Archibald James Hamilton, younger of Dalzell, bound himself, by antenuptial contract, to pay £500 per annum to his wife, Mrs Ellinor Hamilton, if she survived him, and to infeft her in security in the entailed estate of Dalzell, so soon as he should succeed thereto by the death of his father, General Hamilton; to make a farther payment of £500 per annum during her viduity, and to secure her in such fee-simple lands as he should succeed to on the death of the General; to insure his own life against that of his father, to such amount as would produce to her a capital yielding £500 per annum, in case of his predeceasing his father; and to pay her £3000 for the purchase of a house and furniture, to be liferented by her; and he bound himself, on succeeding to the lands of Dalzell, to grant bonds of provision, as heir of entail in possession, in favour of the younger children of the marriage. His father bound himself, in case he should survive his son, to pay Mrs Hamilton £500 per annum.

Mr Hamilton insured his life to the extent of only £8000; and having predeceased his father, the interest of this sum became payable to Mrs Hamilton, which was said not to exceed £300 per annum. General Hamilton was in embarrassed circumstances, and died soon after his son, without having secured Mrs Hamilton in the annuity of £500 which he had become bound to pay on his son's predecease, so that she received only the above £300 per annum out of all the provisions which had been made upon her. She had one son, a boy of about five years of age, who succeeded to the entailed estate of Dalzell and others, and she had also a posthumous daughter. She raised an action against her son and his curator bonis, concluding, in the special circumstances of the case, for £400 per annum, in name of aliment, for maintaining and educating the heir. The defenders stated the free income of the estates to be £1400; and, considering the youth of the pupil, submitted to the Court whether the sum claimed was not disproportionately great.

The Court, with some hesitation, granted the full sum of £400.