David M’Culloch, of Pilton v Christian M’Culloch: HL 17 Apr 1727

Aliment by a mother to her son, if granted animo donandi or no – A father grants bond of provision to a younger son, in a certain sum, binding himself and his heirs to aliment him till 21, or to pay interest on the bond the mother marries a second husband, and in her marriage-contract stipulates a power of alimenting her son, out of her jointure from her first husband: in a process by the assignee of the younger son, against his eldest brother, for interest, as not being alimented by the father’s heirs, such interest is decreed, and the mother is found to have alimented the younger son gratis.
Litigious – The eldest son, pending this action, paid his mother’s second husband a sum for his younger brother’s aliment, but it is found that the discharge taken for that sum, being granted pendente processu, did not influence the cause.
Bond – Termly Penalty – A bond of provision by a father contains a clause of annual-rent, but no penalty on failure: in an action of damages for not punctual payment of interest, and expences thereon incurred, the defence that the bond contained no termly penalty is overruled.

[1727] UKHL Robertson – 611, (1727) Robertson 611


Updated: 05 January 2022; Ref: scu.554240