John Campbell, of Calder, Esq v Ruth Pollock, Alias Campbell: HL 7 Jun 1720

Personal and transmissible – A sum appointed by a father to be paid to a son, his heirs, executors, or assignees, at a day certain, was transmissible by the son, though he died before that day.
Pactum Illicitum – An estate is fetded by a father upon his son and his heirs, reserving a life-rent to a certain amount, and by the son’s marriage contract the estate is declared to be of a certain annual value: two years after the marriage the son by a deed declares that the estate was not worth so much per annum, but that this was done to please the wife’s friends, and he grants bond to pay or allow the father to charge a sum upon the estate for provisions to his younger brothers and fitters, which should be in full of legitim: this was not contra fidem tabularum nuptialium.
Implied Discharge – After granting this bond, the fiar made a new disposition of the estate to the son, in same terms with the marriage-contract; but this was not a discharge of the bond, allowing the father to charge the estate with childrens’ provision
Fiar absolute limited – In a son’s marriage-contract it is covenanted, on the part of his father that lanas and hereditaments of a certain annual value were to be fettled and assured so as that the same should come to and be vested in the eldest son of the marriage, and other lands and hereditaments to remain to the son’s use, reserving the father’s life-rent of part: the son was fiar, and by his bond bound the heirs of the marriage.

[1720] UKHL Robertson – 324, (1720) Robertson 324
Bailii
Scotland

Trusts, Wills and Probate

Updated: 05 January 2022; Ref: scu.553650