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Scottish Court of Session Decisions >>
Cuming v Kennedy and her Husband. [1699] Mor 12959 (20 January 1699)
URL: http://www.bailii.org/scot/cases/ScotCS/1699/Mor3012959-085.html Cite as:
[1699] Mor 12959
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XI.
Obligation to provide the conquest to the issue of a marriage. Import of this obligation with regard to the father.
Cuming v. Kennedy and her Husband
Date: 20 January 1699 Case No. No 85.
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A clause of conquest, in a contract of marriage, was to the children there of. One daughter only existed, who had also only one daughter by a first marriage. She married again. The grandfather made that grandchild his universal legatee. In a competition betwixt the grandchild and her mother, the Lords sustained the universal legacy, and found, That the clause of conquest did not restrain the granter, but that he might even by testament legate his goods to his grandchild, seeing the daughter had been competently provided by him in her first contract of marriage, and that the deed was not wholly gratuitous but rational.
Fol. Dic. v. 2. p. 285. Fountainhall Dalrymple.*** This case is No 41. p. 6443. voce Implied Discharge.
