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Lady Catharine and Margaret Boyds v The Earl of Kilmarnock, their Nephew. [1694] 4 Brn 145 (7 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040145-0328.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lady Catharine and Margaret Boyds v. The Earl of Kilmarnock, their Nephew
Date: 7 February 1694
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The Lords sustained their exhibition for production of the bond of provision given by their brother; and, medio tempore, during the dependence of the process, allowed the annualrent of the sums therein contained, for an aliment; without determining the general point, How far elder brothers are bound, jure naturœ, to aliment their younger brothers or sisters. And, in the Earl's reduction, it will occur to be debated, how far thir bonds of provisions may be quarrelled as granted in lecto, seeing the granter's father had a faculty to burden the lands, which he made no use of; and if it was not so personal, that his son, the last Earl, could not make it the onerous cause of granting thir bonds.
