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URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor0702970-028.html
Cite as: [1681] Mor 2970

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[1681] Mor 2970      
Subject_1 CONDITION.
Subject_2 SECT. II.

Condition of Marrying with Consent.

Hamilton
 v.
Hamilton

Date: 13 February 1681
Case No. No 28.

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Marriage being free, marrying without a father's consent, was found not to annul abond of provision, by a father to his eldest daughter. The bond contained this clause, “she marrying with his consent, and of those named by him as her curators otherwise she should only have the sum of blank,” which was never filled up. The Lords found they might fill it up, if she had transgressed the clause, and thereby restrict the provision according to the match she made; but this nomination not being shown or known to her, the irritancy was found not incurred.

 Fol. Dic. v. 1. p. 189. Stair, v. 2. p. 865.

*** See The particulars, No 3. p. 672.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor0702970-028.html