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Scottish Court of Session Decisions >>
Carnegie v Smith. (Clark.) [1677] Mor 12888 (10 July 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Mor3012888-043.html Cite as:
[1677] Mor 12888
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. VII.
Obligation by one in his contract of marriage, to provide certain sums or subjects to the issue of the marriage, how far effectual in competition with creditors?
Carnegie v. Smith (Clark.)
Date: 10 July 1677 Case No. No 43.
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A man being bound in his contract of marriage to infeft himself and his wife in conjunct-fee, and the heirs of the marriage in fee, in certain subjects, but restricting the wife to the liferent of the half in case of children, a discharge of that restriction during the marriage was found not good against the children, as being gratuitous.
