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Scottish Court of Session Decisions >>
Children of Netherlie v the Heir. [1663] Mor 415 (24 January 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor0100415-050.html
Subject_1 ALIMENT. Subject_2 ALIMENT due ex debito naturali.
Children of Netherlie v. the Heir
Date: 24 January 1663 Case No. No 50.
The brother bound to aliment the younger children, according to the condition and value of the estate.
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The children of umquhile Edgar of Netherlie, alleging that their father left to his heir a competent estate, and that he died before any provision or aliment appointed to them, and that the heir's tutor refused to aliment them, their mother being also dead; therefore craved an aliment to be modified, there being no compearance in the contrary.
The Lords found the brother, as being heir to the father, of a competent estate, liable to aliment the children, being wholly unprovided; but determined neither the time, nor the quantity, till the condition of the estate were instructed.
