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The late John, Marquess of Breadalbane, died in 1834. He left a widow, the Dowager Marchioness, and issue, an only son, the present Marquess, and two daughters, Mary, Marchioness of Chandos, and Lady Elizabeth, married to Sir John Pringle, Bart. He left a large succession both in heritage and moveables. The heritable estate he had held principally under strict entail, but partly in fee simple. The moveable estate amounted to about L.400,000.
As there had been no antenuptial contract executed by the late Marquess of Breadalbane, the Marchioness claimed, without dispute, her terce of the unentailed estate, and jus relicæ, extending over a third part of the free moveable estate of her late husband.
The principal point argued in the cases ordered by the Lord Ordinary, and now disposed of by the Court, related to Lady Chandos' claim to legitim. The present Marquess took the entailed estates and certain special bequests. Lady Elizabeth Pringle had expressly renounced all claim to legitim, in consideration of certain provisions in her marriage-contract.
The first sum of L. 10,000 having been paid at the date of the marriage, the second sum was paid, in terms of the obligation, at the period of eighteen months. In regard to the remaining sum of L. 10,000, the late Marquess, in 1824, executed a bond, said to be in virtue of 5. Geo. IV. c. 87, wherein it was declared, ‘that the foresaid sum of L.20,000, together with the present provision of L. 10,000, are, and shall be in full satisfaction of all that my said daughter might have claim to in name of legitim, executry, or in any other manner of way.’
Against Lady Chandos' claim to legitim the trustees of her late father pleaded —(1.) That Lady Chandos' marriage, and the settlement which then took place, do imply or import a discharge of her right of legitim, or form a personal bar by forisfamiliation to the demand. (2.) That even on the supposition that Lady Chandos shall be held entitled to claim legitim, she is bound to impute, pro tanto, in extinction of that claim, the L.30,000, being the amount of the provisions in her marriage-contract.
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