This case was about the effect of a marriage contract on a father’s power to disinherit his children. The marriage contract between Robert Dick and Margaret Ainslie included a provision whereby Robert disponed his entire estate to his children. Robert subsequently executed new settlements providing that his children, Richard and Mary, would receive annuities, while the remainder of his estate would be placed in trust for Richard’s children. Richard and Mary sought to have the settlement declared void, arguing that it was barred by the marriage contract. However, Robert’s trustees argued that the new settlement was within his power under the marriage contract.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 13025, , pg. Provision to Heirs and Children App. Pt. 1, p. 4
Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), pg. 739
Mungo Brown, Supplement to the Dictionary of the Decisions of the Court of Session (1826), pg. 420

Locations

Repository & Extent