Heir and Liferenter – Liferenter’s Right to Enter Vassals – Agreement – Interest – Aliment.-
The liferentrix of an estate having, in the erroneous belief that certain bonds of provision, executed by her deceased husband on deathbed, in virtue of powers reserved by him in his antenuptial contract of marriage, were reducible on the head of deathbed, entered into agreements restricting her own liferent provisions: 1. Held, in an action of reduction to set aside these deeds of restriction, that the deeds did not prevent her from claiming her just rights: And, 2. That as liferentrix of both the lands of the lordship of Forbes, as well as of the superiorities thereof, and the patronages thereto belonging, she was entitled to enter vassals; reversing the judgment of the Court of Session: 3. Also that, as liferentrix, she had no claim against her daughters for alimenting them until their provisions fell due; the being alimented aliunde; and that she was not liable to make good a sum to Lord Forbes, to whom she had assigned such claim: 4. Interlocutor quoad ultra reversed, without prejudice to the question concerning the interest of the heritable debts, and cases remitted to discuss reasons of reduction otherwise.
Citations:
[1760] UKHL 2 – Paton – 36
Links:
Jurisdiction:
England and Wales
Scotland
Updated: 27 June 2022; Ref: scu.558283