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Grissel Stuart and the Laird of Innes, her Husband, v the Laird of Rosyth, her Brother. [1668] Mor 415 (21 January 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor0100415-052.html Cite as:
[1668] Mor 415
Subject_1 ALIMENT. Subject_2 ALIMENT due ex debito naturali.
Grissel Stuart and the Laird of Innes, her Husband, v. the Laird of Rosyth, her Brother
Date: 21 January 1668 Case No. No 52.
A brother found liable in aliment to a sister, to whom his father had granted a bond of provision.
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Umquhile Rosyth gave a bond of provision to his daughter Grissel Stuart, of 10,000 pounds, payable at her age of 17 years, with an obligement to entertain her in the mean time, but no obligement of annualrent; she pursues her brother (as representing her father) for implement; and having lived with her uncle a part of her father's time, and alleging that she was hardly used by her step-mother, she craves aliment for that time of her father's lifetime, and for six or seven years since his death, or craved annualrent for her sum.—The defender alleged absolvitor, as to the annualrents before her father's death, because she ought to have continued in her father's family; and there neither is, nor can be alleged any just cause wherefore she should have deserted the same. 2do, Absolvitor from annualrent, or entertainment since her age of 17 years; because the bond bears entertainment till that age, and no entertainment or annualrent thereafter. 3tio, She does not, and cannot allege, that she paid out any thing for entertainment, but was entertained gratis by her uncle.
The Lords found this no ground to exclude her from aliment; and found aliment due after the term of her bond, as well as before, but not annualrent; and modified six hundred merks per annum, without allowing any thing for the year her father lived; but modified the more largely, it being unfit to dispute the necessities of her removal.
Fol. Dic. v. 1. p. 33. Stair, v. 1. p. 510.*** Dirleton reports the same case thus:
The Laird of Rosyth having provided his daughter of the first marriage with the Laird of Innes, to 10,000 pounds, at her age of twenty years; and there being no obligement for annualrent:
The Lords, in a process at her instance for her aliment, modified 600 merks yearly. Some were of opinion that the said sum being payable at the foresaid term, the annualrent of the same should not have been modified for the time thereafter, and that she should be in no worse case than if it had been paid.
