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Scottish Court of Session Decisions >>
Anderson v Bruce. [1680] Mor 12948 (1 December 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor3012948-083.html Cite as:
[1680] Mor 12948
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XI.
Obligation to provide the conquest to the issue of a marriage. Import of this obligation with regard to the father.
Anderson v. Bruce
1680.
December1.&
21. Case No. No 83.
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A man, in his contract of marriage, being obliged “to provide his conquest to himself and wife in conjunct-fee and liferent, and to the heirs of the marriage; which failing, the one half to his heirs, and the other half to her heirs;” and there being a considerable conquest, but no bairns of the marriage; the Lords found a provision of the said conquest in favour of the children of a second marriage, was a rational and effectual deed, and therefore sustained the same against the wife's heirs.
