Scottish Court of Session Decisions

Subject_1Provisions to Husbands, Wives, &c.
Subject_2Contract of Marriage
Subject_3Trust
Subject_4Construction — Wife's Acquirenda subsequent to Dissolution of Marriage.
Facts:

In contemplation of an intended marriage between William Morier and Susan Gilmour, they, along with Allan Gilmour, the father of Susan Gilmour, entered into an agreement for a settlement in April 1878. By this agreement it was inter alia provided that a sum of £10,000 should be paid by Allan Gilmour to certain trustees for behoof of the spouses and their children in manner therein mentioned; and by article 9 it was declared that “All after-acquired property of the said Susan Ewing Gilmour, real or personal, shall be assured and transferred by the said William John Morier and Susan Ewing Gilmour to the trustees, upon the same trusts hereinbefore declared of the said sum of £10,000.” The marriage was duly solemnised on 13th June 1878, and the parties not having executed any marriage-settlement as contemplated, it was agreed that the above agreement should, with certain additions and alterations set forth in a minute annexed to the agreement, be held as their marriage-settlement. The minute, inter alia, set forth—“ Thirdly, Miss Gilmour, with consent of her husband, hereby conveys to the said trustees all property, funds, and estate that since the date of the foregoing agreement may have been acquired by her, or that may hereafter be acquired by her by succession or otherwise, to be held and applied by them in trust for the same purposes and with the same powers as the said sum of £10,000.

A decree of divorce bearing to dissolve the marriage was pronounced by a court in Australia in 1883, and William Morier died in 1885, survived by Susan Gilmour or Morier and one child of the marriage.

In April 1888 Susan Morier became entitled, in terms of an uncle's will, to a legacy of £2000 sterling. Held (following Wardlaw v. Wardlaw's Trustees, July 7, 1880, 7 R. 1066) that the legacy of £2000 was not carried by the wife's conveyance of acquirenda in the marriage-contract, but that she was entitled to demand payment of it as her own absolute property.