Scottish Court of Session Decisions

Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. III.

Contracts of Marriage.

Creditors of Hope
v.
His Relict

1732. July.
Case No. No 47.

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The husband's creditors, after his death, insisting against his relict for payment of the tocher, the Lords found, that she might retain it for security of her liferent provision. In this case, though the liferent provision was purified by the husband's death, the relict did not plead the point so high, as to insist for voidance of the contract; she only insisted to have retention for security of her liferent, which the husband had failed to secure to her.—See Appendix.

Fol. Dic. v. 1. p. 596.