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Scottish Court of Session Decisions >>
Gordons v Gordon. [1717] Mor 9448 (9 July 1717)
URL: http://www.bailii.org/scot/cases/ScotCS/1717/Mor2309448-032.html Cite as:
[1717] Mor 9448
Obligation to grant a provision by advice of friends. - Obligation granted in implement of an unlawful promise.
Gordons v. Gordon
Date: 9 July 1717 Case No. No 32.
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An heir having obliged himself to provide the younger children by the advice of five friends therein named, in what he should be able, upon their arrival at perfect age; when the term was come, three of the friends, by a writing under their hand, modified the sums to be paid, but without calling the heir, or meeting together, their subscriptions having been obtained separately; and as to the other two, the one was dead and the other refused to subscribe.——The Lords found that the friends could not legally determine, without calling the heir, and without being met together. ——See Appendix.
