James Cuthbert of Farnese v Anna Mackenzie or Paterson, and Richard Paterson, Her Husband, for His Interest: HL 13 Nov 1775

Deed – Tutory – Expiry of Do.- A deed contained a conveyance of subjects and effects to the wife, and a particular assignation of certain bonds therein, ‘to her, and her heirs and assignees,’ with provision, that after paying debts, the residue was to be enjoyed by the widow in liferent and child in fee, giving to the widow the power of distribution and division, and also nominating her tutrix to the children. Held, where the widow had recovered payment of one of the bonds, after the death of her husband, and after her second marriage, that she had only a liferent of the same, and that she could not recover payment, and validly discharge that bond, either in her own right, or as tutrix for her children, her office of tutrix expiring on her second marriage.

[1775] UKHL 2 – Paton – 377


Updated: 13 January 2022; Ref: scu.561833