Postnuptial Contract – Reserved Faculty.- Shortly after his marriage, a party executed a postnuptial contract, settling his estate on the heirs male of the marriage, whom failing, on the heirs female of that marriage, reserving power, in case of there being no heirs male, ‘and two, three, or more daughters,’ to settle the estate on either of the daughters. He had no sons, but there were three daughters of the marriage, the two eldest of whom predeceased their father. He afterwards executed a new deed, settling the estate on the second and third sons of the youngest daughter. Held, in the Court of Session, that this deed did not fall within the special powers reserved, and was reducible, as the father’s faculty and powers were at an end. This judgment was affirmed by Lord Mansfield in the House of Lords.
Citations:
[1777] UKHL 2 – Paton – 434
Links:
Jurisdiction:
Scotland
Family
Updated: 27 August 2022; Ref: scu.562006