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Scottish Court of Session Decisions >>
John Hepburn of Humbie, & John Gordon, Merchant in Edinburgh, v The Lord Strathnaver. [1712] Mor 980 (3 July 1712)
URL: http://www.bailii.org/scot/cases/ScotCS/1712/Mor0300980-095.html Cite as:
[1712] Mor 980
Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. XII.
The onerosity of Provisions made in contracts of marriage.
John Hepburn of Humbie, & John Gordon, Merchant in Edinburgh, v. The Lord Strathnaver
Date: 3 July 1712 Case No. No 95.
An assignation by a father to his son, reducible as inter conjunctos, although in the son's contract of marriage; unless the father had a sufficient separate estate; the assignation not being to the wife or children, but to the son himself and his assignees.
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In a competition betwixt the Lord Strathnaver, and John Hepburn, for the Earl of Sutherland's share of the equivalent money, the Lords found the Earl's assignation thereof to the Lord Strathnaver, his son, in his contract of marriage, reducible upon the act of Parliament 1621, as being inter conjunctos without an onerous cause, unless the assignee can instruct, That the cedent had then a separate unincumbered estate sufficient to pay all his debts: For it was thought, that the marriage could not be sustained as the onerous cause of this assignation, from the inserting thereof in the contract, which made it no more valid than if it had been a gratuitous assignation in a paper apart; seeing it is not provided in favours of the wife or children of the marriage, but simply to the Lord Strathnaver himself, his heirs and assignees.
