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Margaret Gordon v Stewart and Others. [1743] Mor 6161 (19 February 1743)
URL: http://www.bailii.org/scot/cases/ScotCS/1743/Mor1506161-372.html Cite as:
[1743] Mor 6161
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION XI.
Marriage Dissolving within the Year, all things are Restored hinc inde.
Subject_3 SECT. I.
Terce. - Second Marriage. - Mournings. - Effect as to Postnuptial Contracts. - Effect as to Liferent Provisions.
Margaret Gordon v. Stewart and Others
Date: 19 February 1743 Case No. No 372.
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Found, that even where marriage dissolves within year and day, the relict is entitled to mournings.
The point was new; the mournings were considered to be due in this case, not so properly as a legal consequence of marriage, as that the wife, being a part of the husband's family, ought to have mournings, as what the respect due to the husband's family required, as it did, that servants get mourning.
Fol. Dic. v. 3. p. 289. Kilkerran, (Husband and Wife.) No 6. p. 258.
