Same. Same. Same. Rents of wife's heritable property in Scotland. 2. As to Marriages conWife's whole moveable estate acquired as well before as during marriage. Wife's whole "estate, moveable or heritable, and income thereof," acquired after date of Act. This Act does not exclude the power of settlement by antenuptial contract; before or during marriage. Husband's liability for wife's antenuptial debts limited to amount of property received through her. Jus mariti and right of administration excluded, if policy effected by wife on her own or on her husband's life for her own use; policy effected by husband on his life, and expressed to be for benefit of wife or children, not available to his creditors on lapse of two years. tracted after date of Act. If husband, at date of marriage, domiciled in Scotland, jus mariti excluded, but not right of administration. Right of administration excluded, but wife cannot assign prospective income or dispose of her moveable estate, without husband's consent. Jus mariti and right of administration excluded. tracted before date of Act. Same. 26th Aug. 1880. 18th July, 1881. Same. Same. Jus mariti not excluded, provided husband has made a reasonable provision to wife previous to marriage by irrevocable deed. Same. Jus mariti and right of administration excluded. Same. and it exempts from its operation contracts made or to be made by the parties 91. Jus Relictæ. (i)-Where a marriage is dissolved by the death of the husband, a right arises to the widow to a share of the husband's free moveable property, wherever situated,(k) provided he died domiciled in Scotland.() This right is technically called jus relictæ. Its amount depends on the extent of the husband's free moveable estate at the time of his death, and whether any child or children of his own survived him, and who have not discharged their legal rights during his lifetime. It makes no difference whether the children be of his last or any former marriage.(m) The right extends to one-third of the moveable estate if there be a surviving child (whether such child succeeds to heritage or not), or children of the husband; and to one-half if there be no surviving child.(n) But under no circumstances is a widow entitled to more than one-half of the moveable estate.(o) 92. From what Property is Jus Relicto Due.-Jus relicta is due out of the whole moveable estate, including life policies,(p) of which the husband was possessed at the time of his death, under deduction of such debts, as, if due to him instead of by him, would have formed part of such estate.(q) In questions between the widow and children, the following debts may be mentioned in illustration of those requiring to be deducted before a division be made: funeral expenses of the husband, including monument over his tomb; mournings for the widow; aliment to the widow till the next term after her husband's death; expenses of confirmation; provisions in marriage contract in favour of children; bonds of provision to children, if a rational provision, and this although the bonds be not delivered, if executed in liege poustie; provisions settled upon the wife by antenuptial contract of marriage, and even an increased provision to her under a will, if moderate and reasonable heritable debt can be deducted from the moveable estate in a question with the widow and children.(r) But no moveable,(s) as regards younger children, but they are heritable as regards the rights of husband and wife; consequently such bonds are not affected by the jus mariti or the jus relictæ.(t) Heritable bonds now also form moveable property, except where conceived in favour of heirs excluding executors, but they are heritable in questions between the widow and children(u) and between the widower and children.(v) This applies to bonds over heritable property in Scotland only; where the security subject is in England or abroad, the law of the place determines its character.(w) It would seem that heritable bonds, like land and other heritable subjects, forming part of a company estate, are still moveable and subject to the legal claims of the widow, widower, and children, notwithstanding the recent alteration in the law as to heritable bonds.(x) Where the estate is productively invested, interest is due on the jus relicta from the date of the husband's death. (y) 93. When Jus Relictæ Vests.-The right vests in the widow by her survivance of the husband, without confirmation.(2) But she can enforce payment only through her husband's executor. As will be afterwards mentioned, (a) she may, in certain circumstances, herself be confirmed executrix qua relict, and thus ingather the whole estate and pay the debts, including her own jus relicta.(b) 94. Right to Jus Relicto Indefeasible. (c)-During the husband's life he may change his property from moveable to heritable, or he may alienate it, or gift it, or contract debts at his pleasure ;(d) but he cannot defeat the jus relicto by any fraudulent or other deed, (e) nor can he affect the right by any deed to take effect |