Scottish Court of Session Decisions

Subject_1 ALIMENT.
Subject_2 ALIMENT due ex debito naturali.

Children of Netherlie
v.
the Heir

Date: 24 January 1663
Case No. No 50.

The brother bound to aliment the younger children, according to the condition and value of the estate.

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The children of umquhile Edgar of Netherlie, alleging that their father left to his heir a competent estate, and that he died before any provision or aliment appointed to them, and that the heir's tutor refused to aliment them, their mother being also dead; therefore craved an aliment to be modified, there being no compearance in the contrary.

The Lords found the brother, as being heir to the father, of a competent estate, liable to aliment the children, being wholly unprovided; but determined neither the time, nor the quantity, till the condition of the estate were instructed.

Fol. Dic. v. 1. p. 32. Stair, v. 1. p. 161.