William Morison, of Preston Grange, Esq; v Sir William Scott of Thirlestayn, William Nisbet of Dirleton, and John Scott of Harden, A Minor, By His Guardian: HL 19 Feb 1720

Husband and Wife – A bond, with a clause of annualrent is granted blank in the creditor’s name, but delivered to a wife, during the subsistence of her marriage: the husband entails his real estate on the grantor of the bond, and also conveys to him all his personal estate, but was not privy to said bond; in a competition between the executor of the husband, and the executor of the wife, the husband’s executor is preferred to said bond: and the wife’s executor is ordered to refund what had been paid to her, in her widowhood.
General Disposition – A general disposition of a man’s personal estate, made in favour of one who had, without the husband’s knowledge, granted a bond to the wife did not release this bond.

[1720] UKHL Robertson – 269, (1720) Robertson 269

Family, Trusts

Updated: 05 January 2022; Ref: scu.553641