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Matthew M'Kell v John Hamilton. [1680] 3 Brn 326 (27 January 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030326-0422.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Matthew M'Kell v. John Hamilton
Date: 27 January 1680
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In the case betwixt Mr Matthew M'Kell and John Hamilton, who had married the two daughters of Robert Sandilands; the Lords found the renunciation of all which Rachael could crave, in her contract matrimonial, and the acceptation of the tocher in satisfaction of all bairns' part of gear, imported more than a forisfamiliation, and that it cutted her off from seeking a legitim due jure sanguinis, as one of the nearest of kin to her father: as also imported a discharge of substitution in a bond prior to the contract of marriage, whereby, failing of the father by decease, he had provided the sum to her. And they would not allow the writers, witnesses, and communers to be examined on this, that there was no more intended by that renunciation but only that she should not succeed ab intestato as one of his executors. And so Mr M'Kell carried the cause.
