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Scottish Court of Session Decisions >>
Helen Hogg v The Magistrates of Kirkaldy. [1694] 4 Brn 195 (19 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040195-0436.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Helen Hogg v. The Magistrates of Kirkaldy
Date: 19 July 1694
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The debate arose upon the conception of a bond, whereby a father lends out a sum of money, not payable to himself, but to his wife, and, failing of her by decease, to his daughter Lillias Masterton, in fee, with power to the mother to uplift. The point was, If the mother was fiar, and the daughter only substitute; or, if the mother was only liferenter, and the daughter fiar. For this last opinion there were cited the following decisions:—Durie, 22d February 1623, Leitch; 28th July 1626, Tullyallen; 20th February 1629, Drumkilbo; and Stair, 23d July 1675, Lamington. For the daughter it was urged, That the money was hers, and not the mother's; and that the father's design was, to give it in a provision and tocher to his daughter; and the last termination of heirs was on the daughter's heirs.
Yet the Lords found the mother was fiar in this case, and the daughter only substitute; and preferred the mother's assignee.
