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Scottish Court of Session Decisions >>
Lady Balmain v Graham. [1721] Mor 8199 (18 January 1721)
URL: http://www.bailii.org/scot/cases/ScotCS/1721/Mor2008199-032.html Cite as:
[1721] Mor 8199
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A Disposition by a husband to his wife of the stocking that should be upon his mains the time of his decease, being quarrelled by his children, as in prejudice of their legitim, being of a testamentary nature, revocable, as not having been a delivered evident; it was answered, That the form of the disposition is per modum actus inter vivos, whereby a present right is conveyed, though suspended till the granter's death, and being done in liege poustie, it cannot be reached by the law of death-bed, and there lies no other bar to the father's power of alienation; 2do, This is a rational deed, an additional provision to a wife, and not of that nature as to admit of a construction that it was intended to disappoint the children of their legitim. The Lords found the goods disponed belonged to the Lady tanquam præcipuum. See Appendix.
