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Elizabeth Brand v Gavin Weir's Heirs. [1681] 3 Brn 415 (3 December 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030415-0594.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Elizabeth Brand v. Gavin Weir's Heirs
Date: 3 December 1681
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Elizabeth Brand, relict of Gavin Weir, merchant in Edinburgh, having given in a bill to the Lords, craving an aliment to be modified to her, for that term wherein her husband died, and in which she had entertained her daughter and her family; and also craving an aliment to her daughter in time coming, viz. 600 merks yearly, till she be six years old; and 800 merks yearly from six to twelve, at which time she was out of tutory; in regard the fortune was opulent, and there was no children but herself:
The Lords refused the bill hoc loco, and referred her to pursue for it, via ordinaria, by way of action.
But she, having raised an action during the dependance, on a bill, got a deliverance on the 30th March 1682, modifying 800 merks to her for entertaining the family from June (when her husband died,) till Martinmas, that her jointure begins.
