This case concerned a father’s power to dispose of an estate that was the subject of a marriage contract, to the detriment of his son by that marriage. The son, Alexander Watson Jr., was the pursuer. A marriage contract between his parents, Alexander Watson Sr. and Jane Fulertoun, required Alexander Sr. to resign the estate of Turin to himself and the heirs-male of the marriage (and failing that, to certain substitutes). While still living, Alexander Sr. gave Alexander Jr. a portion of the lands included in the contract, along with certain lands that he acquired after making the contract. Subsequently, Alexander Sr. executed a series of deeds curtailing his son’s right to the estate, including a disposition of the remaining lands in favor of John Pyot, a distant relative. Alexander Jr. sought to have these deeds set aside on the ground that they violated the marriage contract. However, John Pyot claimed that Alexander Jr. had relinquished his claim by accepting the previous conveyance from his father.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 5