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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Parkhill v Weir. [1738] 2 Elchies 395 (3 November 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies020395-010.html Cite as: [1738] 2 Elchies 395 |
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[1738] 2 Elchies 395
Subject_1 Mutual CONTRACT.
Date: Parkhill
v.
Weir
3 November 1738
Case No.No. 10.
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Contract of marriage containing a disposition by the wife to the husband omnium bonorum, with a reserved faculty to the wife to dispose of 10,000 merks, was found to imply the burden of the wife's debts at the time, at least ad valorem of her effects; and the luisband found liable in valorem of the subjects intromitted with by him both to her debts and likewise to the reserved family, whether there should remain to him a competent tocher or not, though the case had been otherwise if the disposition had not been general, but of certain partial subjects of whatever value. Vide Implied Will. Vide No. 9. voce Husband and Wife.
The electronic version of the text was provided by the Scottish Council of Law Reporting