Circumstances sufficient to reduce deeds upon this ground. Being so reduced they stand as a security only or the onerous causes thereof.
By marriage contract the husband is bound to resign the estate to himself, and the heirs male of the marriage, and inhibition being used thereon he was disabled to dispose of that estate gratuitously, in prejudice of the heir male of the marriage.
This heir male being served Haeres masculus et provisionis to his father is found liable by the Court to warrant his father’s deeds, but the judgment is reversed.
A second Son having accepted from his Father a tack of the estate for payment of debts and having afterwards taken a disposition of that estate from his elder brother, the trustee is obliged to count and clear the onerous cause of this disposition, at the suit of the son of the said elder brother, (whom the Court had found to be beir-male.)
[1712] UKHL Robertson – 47, (1712) Robertson 47
Bailii
Scotland, Trusts
Updated: 04 January 2022; Ref: scu.553461