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Scottish Court of Session Decisions >>
Ruthven v Laird of Gairn. [1662] Mor 393 (27 June 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor0100393-018.html Cite as:
[1662] Mor 393
Subject_1 ALIMENT. Subject_2 Of the act 1491, cap. 25. anent alimenting of Heirs. Subject_3 Import of the Act:
It is ordained, that where any lands happen to fall in ward to the King, or any baron of the realm, spiritual or temporal, or lands given in conjunct fee or liferent, as well as to burgh as to land, that the sheriff of the shire or bailies shall take surety of the person or persons, that gets or has such wards, that they shall not waste or destroy their biggings, orchards, woods, stanks, parks, meadows, or dovecots, but that they hold them in such kind as they are in the time that they receive the same; they taking their reasonable sustentation, or using, in needful things, without destruction or wasting thereof. “And an reasonable living to be given to the sustentation of the air, after the quantitie of the heritage, gif the said air has na blanche ferme, nor feu ferme land, to susteine him on, alsweil of the ward lands, that fallis to our Soveraine Lordis hands, as onie uther barronne, spiritual or temporal.”
Scots Acts, v. 1. p. 158.
Ruthven v. Laird of Gairn
Date: 27 June 1662 Case No. No 18.
The grandfather, who had a liferent by reservation, was found liable to aliment the apparent heir, the mother having no liferent, but of a sum which came from herself.
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The Laird of Gairn having infeft his son in his estate, reserving his own liferent; after his son's death, his oye pursues him for an aliment out of the estate, conform to the act of Parliament, appointing the heir to be entertained by the donatars to the ward, conjunct-fiars, or liferenters thereof.—The defender alleged absolvitor, because the act of Parliament cannot be extended to his case, who voluntarily infeft his son in his estate, with the burden of his liferent. 2do, If any aliment were due, the mother, who is liferenter, must bear her part. 3tio, Aliment is only due where the heir hath no other means; but here the heir hath a stock of money, which, though liferented by his mother, yet he may entertain himself out of the stock.—The pursuer answered, 1mo, That the act of Parliament anent alimenting of heirs, is generally against liferenters without exception. 2do, The disposition by the defender to the son, was for a tocher worth all the estate he then had; wherefore no part was liferented by the son, or his wife, the pursuer's mother, but only a sum of money which came by herself; and there is no reason that the stock thereof should be exhausted for the pursuer's aliment, the defender having now succeeded to a plentiful estate.
The Lords repelled the defence, in respect of the replies.
