Contravention of Marriage Contract – Service – Minority – Passive Title – Ratification.- 1. Held that the heir of the marriage is entitled to reduce a deed executed in fraud of the marriage contract, without expeding a general service; 2. Held such heir is entitled to set aside a general service expede in his name in minority, to his hurt and prejudice, in so far as it made him universally liable for his father’s debts; 3. Also held, that as his ancestor died in apparency in regard to Moncrieff estate, he was entitled to pass him over and serve heir to his grandfather, without being liable for the debts; and as to the other provision, or estate of andpound;5555. 11s. 1d., and 100,000 merks, he was not liable passive, he not having taken benefit from that estate, and that a sum of andpound;2500 received to ratify these did not make him liable passive.
Citations:
[1766] UKHL 2 – Paton – 126, (1766) 2 Paton 126
Links:
Jurisdiction:
Scotland
Family
Updated: 04 July 2022; Ref: scu.560634