William Nisbet of Dirleton v Janet, Jane, and Willielmina Nisbetd Erski: HL 7 Mar 1727

Legitim – Husband and Wife – Provisions to Heirs and Children – Bonds
Portions to children in a contract of marriage if not so expressed, do not exclude their right of legitim.
Upon a wife’s renouncing her thirds, by the contract of marriage, the division of the personal estate is bipartite, one half legitim, the other half dead’s part.
Provisions to children, in this case, do not come off the whole head of the executry as a debt; but they are first to impute the legitim in payment of these portions, and take the rest as a debt from the deads’ part if necessary.
Bonds fall under legitim

[1727] UKHL Robertson – 594, (1727) Robertson 594

Wills and Probate

Updated: 05 January 2022; Ref: scu.554238