His Majesty’s Advocate v Mary Drummond, Only Daughter of The Marriage Between James, Lord Drummond and Lady Jane Gordon: HL 3 Apr 1753

Provision to Heirs and Children – Ante-Nuptial Contract – Implied Condition. –
By an ante-nuptial contract, provision was made for daughters, if one, of 40,000 merks, if two, 50,000 andc., payable at their respective ages of eighteen, or on marriage, providing that these should be in full of all they could claim as natural portion, or bairns’ part of gear, which they, or either of them, as heir, or heirs of line, or at law, might claim. The respondent was the only daughter, and she claimed the 40,000 merks when eighteen years of age; but it was objected that this clause supposed that the daughters were only to be paid the provision upon failure of issue male of the marriage, and, therefore, that it was conditional. Held her entitled to her provision. Reversed in the House of Lords.

[1753] UKHL 6 – Paton – 692, (1753) 6 Paton 692


Updated: 22 November 2021; Ref: scu.558212