Lady Dowager Forbes v Lord James Forbes: HL 29 Jan 1765

Reduction – Error in Essentials of Agreement – Lifkrenter’s Powers and Liabilities – Bona Fide Consumption.-
Where the husband and wife, by marriage articles, conveyed the estate to themselves, and the survivor of them, for the wife’s liferent use allenarly, reserving power to grant provision to daughters to the extent of andpound;3000, and failing the husband exercising this power to the wife: Held, (1 st,) That though the husband had granted provisions to his daughters in exercise of this faculty, to the extent only of andpound;2000, that the wife was entitled, after his death, to execute an additional bond to the extent of andpound;1000. (2 nd), That where the liferentrix had entered into agreements restricting her liferent rights, through error in essentials, that she was still entitled to claim her rights as originally settled. (3 d), That bona fide percepti et consumpti was not pleadable, and the respondent accountable, for the whole rents, feuduties, and casualties since the date when her right accrued, reversing the judgment of the Court of Session: But, (4 th), That she was liable for the interest of the heritable debts on Puttachie and Pittendriech.

[1765] UKHL 2 – Paton – 84

Family, Trusts

Updated: 11 January 2022; Ref: scu.560603