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Scottish Court of Session Decisions

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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Agnes Johnston v Robert Melvin. [1681] Mor 6095 (1 December 1681)
URL: https://www.bailii.org/scot/cases/ScotCS/1681/Mor1506095-305.html
Cite as: [1681] Mor 6095

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[1681] Mor 6095      

Subject_1 HUSBAND and WIFE.
Subject_2 DIVISION X.

Deeds betwixt Husband and Wife during marriage.
Subject_3 SECT. I.

Pure Donation how far Revocable. Donation after Proclamation of Banns.

Agnes Johnston
v.
Robert Melvin

Date: 1 December 1681
Case No. No 305.

Click here to view a pdf copy of this documet : PDF Copy

Found that a husband's contracting of debt, and exhausting his estate, is a tacit revocation of an anterior gratuitous provision made to his wife stante matrimonio, which otherwise would be valid after his death.

Harcarse, (Stante Matrimonio.) No 867. p. 246.

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


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