| Cunynghame v. Cunynghame |
17 Jan 1804
|
Heirs rights, Contract of marriage |
Under a contract of marriage entered into between the defender, father of the purser and pursuer's mother, defender binds himself, his heirs and successors, to make due and lawful resignation of the lands, baronies, teinds, right of patronage, in favor defender's further dispositions (new infeftments). Then, defender sold part of the estate settled in his marriage-contract. Pursuer submit to the Court of Session for review the interlocutor pronounced as to prevent defender from selling his state and granting a valid right to a purchaser. The majority of the Court held that the father, defender, was entitled to dispose of his state without disappointing his heirs. |
| Jacobina Macfarlane v. Alexander, Richard and Janet Spence |
1770
|
Contract of marriage, Succession |
Archibald Marcfarlane married Elizabeth Spence as a result of a contract entered into between both spouses and Elizabeth's father William Spence. Archibald Macfarlane became bound to provide for his wife and future children. Archibald Marcfarlane made a further settlement of his estate, with a disposition in favor of his wife and children, and failing of them, to the petitioner Jacobina Macfarlane, his only sister. When Archibald Macfarlane died, Elizabeth Spence, his widow, took the whole of her husband's writs into her possession. When Elizabeth Spence died, Jacobina Macfarlane, pursuer, claimed that by Spence's death the right of succession devolved upon her. However, Elizabeth's brothers and sister, Alexander, Richard and Janet Spence, seized the writs and confirmed themselves executors. Thus, the pursuer claimed her right to be the heir of her brother and alleged that defenders have no foundation to alter the effects of her brother's disposition. |
