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Riddel v Dalton. [1781] Mor 6457 (28 November 1781)
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[1781] Mor 6457
Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. VIII.
How far Conventional Provisions imply Discharge of a Wife's Legal Provisions.
Riddel v. Dalton
Date: 28 November 1781 Case No. No 51.
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Dalton, in a postnuptial contract of marriage, bestowed on Riddel his wife, in the event of her surviving him, a liferent of his whole effects, heritable and moveable. On the other part, ‘she, in the event of her predecease,’ assigned to him her share of the goods in communion, her paraphernalia, and a liferent of a house belonging to her, stipulating at the same time an annuity, and a small sum of money, to her next of kin.
Dalton died before his wife, and her executors, after her death, laid claim to the half of his moveable effects, in name of widow's part, which was no where expressly discharged in the contract of marriage.
The Lords found, “That the wife's acceptance of the provisions in the marriage-contract, virtually implied a renunciation of the: jus relictæ.”
Lord Ordinary, Braxfield.Act. Crosbie, Rolland.Act. Ilay Campbell, H. Erskine.Clerk, Home.
Fol. Dic. v. 3. p. 302. Fac. Col. No 9. p. 18.
