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Scottish Court of Session Decisions >>
Mr George Rome, Writer in Dumfries, v William Graham, Son to the deceased William Graham of Ingliston. [1714] Mor 12909 (2 July 1714)
URL: http://www.bailii.org/scot/cases/ScotCS/1714/Mor3012909-058.html Cite as:
[1714] Mor 12909
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?
Mr George Rome, Writer in Dumfries, v. William Graham, Son to the deceased William Graham of Ingliston
Date: 2 July 1714 Case No. No 58.
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In a reduction and declarator at the instance of Mr George Rome against William Graham, the Lords found, that inhibition used upon a provision in a contract of marriage, made by the husband in favour of the children of the said marriage before they were born, did not denude the father of the fee, or incapacitate him to traffic or contract lawful debts with extraneous persons, but only hindered him to do any fraudulent or gratuitous deed, in prejudice of the children of the said marriage.
