Scottish Court of Session Decisions

Subject_1 MINOR.
Subject_2 SECT. IV.

What a Minor cannot do even with consent of his Curators.

M'Culloch
v.
M'Culloch

Date: 29 January 1731
Case No. No 77.

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A man, in his second contract of marriage, obliged himself ‘to lay out a certain sum upon good security, in lands, to himself and his future spouse, and to the children to be procreated betwixt them; which failing, the same to accresce, pertain, and belong to the husband's nearest heirs and assignees.’ In a pursuit at the instance of the heir of this marriage, being minor, for the above sum, against the heir of the first marriage, it was found that the pursuer might uplift the sums pursued for, but that he could not, in his minority, gratuitously defeat the substitution; but found no necessity at present to determine what might be competent to him after his majority. See Appendix.

Fol. Dic. v. 1. p. 578.