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Scottish Court of Session Decisions >>
John Hamilton v Millers, and Alexander Hamilton of Kinkell. [1694] 4 Brn 215 (23 November 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040215-0488.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Hamilton v. Millers, and Alexander Hamilton of Kinkell
Date: 23 November 1694
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The Lords would not restrict the paternal power, if the defenders could assign any rational cause why he passed by his only son of the marriage, and gave him but 2000 merks, whereas he gave one of his daughters 4000 merks; in so far as, in her contract-matrimonial, he gave 2000 merks; and, having settled 1700 merks on another daughter, with a power to alter on her death, he bestowed that 1700 merks also on the other daughter.
The Lords not thinking fit to narrow the father's power too much, they divided the 1700 merks between them, and gave the son the half of it; remembering that, both in Andrew Bruce's case, and Bailie Thomas Wylie's, they had found the father fiar, and stood to the division he had made amongst his children; and that parents, notwithstanding of provisions and destinations in their first contract of marriage, were not thereby impeded to provide a second wife and children to a moderate provision; and, though he was heir, yet, being but heir of provision, he was also a creditor. See Stair, 13th February 1677. Fraser.
