M. in 1857 made a deed of entail, and bound himself and his heirs and executors to free and relieve his lands (the entailed estate) of all his debts and obligations. In 1867 he executed an antenuptial contract of marriage, providing annuities to his third wife, and in security bound himself to infeft her in the entailed estate, which was done, and the deed reserved an option to him and his heirs to get rid of the burden by purchasing like annuities from an insurance office. M. having died:
Held (reversing judgment), That the heir of entail was to be relieved of the, these being debts and obligations within the meaning of the clause.
[1873] UKHL 2 – Paterson – 204
Bailii
Scotland
Updated: 11 August 2021; Ref: scu.652909