May 1, 1818. of the lease to the extent of that sum; which goes beyond the terms of the letters. SECURITY. But that engagefoundation of an Then they under NOTICE, &c. ment could not by itself be the action without something else. took to advance their money on the engagement stated in the instrument of the 16th March, and that was nothing except the securities which Walker could have enforced. They advanced nothing at that time: but they afterwards granted bills when they had distinct notice of the existence of the contract of the 11th March: and it is clear that Jamieson was informed of the nature of that contract. It does not appear that the others knew the precise terms of it; but they were sufficiently informed of it to know, that it was by that only that the Appellant was bound; so that they could not, with effect, demand the assignation of the lease, or the delivery of the timber, without referring to that instrument of the 11th of March, and complying with all the terms of it. It is clear then that they did not advance their money on the faith of the letter of the 8th March: and the letter of the 13th, by itself, contained nothing of which they could take advantage; and by the instrument of the 16th March, they had the benefit only of such security as Walker could have enforced. I do, therefore, conceive that they cannot claim to have the timber delivered, or the lease assigned to them, as they had no title, except as assignees of Walker, since they did not advance their money on any security that he could not have enforced and the instrument of the 16th speaks only of securitics held by him for his own advances. Upon the whole then, I am of opinion that this May 1, 1818. judgment ought to be reversed: and that the Appellant ought to be assoilzied, also from the costs NOTICE, &c. of the action below. He cannot have his costs here. Judgment of the Court below REVERSED: and the Appellant assoilzied accordingly. SECURITY. SCOTLAND. APPEAL FROM THE COURT OF SESSION. WOOLLEY and another-Appellants. -ENGLISH ACTION for aliment by a son against his mother. The March 13, mother had been a ward of Chancery, and having, when May 27, 1818. fifteen years of age, married Maidment, the Respondent's father, a settlement of her property real and personal ALIMENT.— was then made, under the direction of the court, by JUS NATURÆ. which the interest of the personal estate was made pay- SETTLEMENT, able to her for life, and the principal to her children, in &c. equal shares at her death; but their interests to be vested, as to sons, at the age of twenty-one, and, as to daughters, at the age of eighteen, or on their marriage. As to the freehold, copyhold, and leasehold estates, they were to be sold, and the money to be invested in purchase of freehold and copyhold estates, of which the mother was made tenant for life, with remainder to her first and other sons in tail, &c. The Pursuer was the first son. The father died. The mother advanced 100l. as a fee, to a clerk to the signet, into whose office the son entered with a view to the profession of an advocate, the mother then residing in Scotland. The mother married again, and refusing to allow her son a certain annual sum for his maintenance, he brought the action for aliment, being then past the age of twenty-one, and the claim to March 13, May 27, 1818. ALIMENT. JUS NATURÆ. -ENGLISH SETTLEMENT, &c. aliment sustained, super jure nature, in the court below. But the judgment reversed in the House of Lords. The Lord Chancellor being of opinion that the interests of the respective parties were settled by the English settle ment which could not be undone, and being of opinion that as the son had a vested interest in the property with which he might deal in the market, he had sufficient aliment without aid from his mother. 1791. JANE WOOLLEY, the Appellant, being in 1791, entitled to considerable real and personal property, under the marriage settlement and will of her grandfather Robert Barnevelt, merchant in London, and being then only 15 years of age, and a ward of Chancery, was in that year married to Mr. Maidment, the Respondent's father: and on that occasion, under the directions of the Court of ChanMarriage ar- cery, marriage articles were executed between the ticles, May 16, Respondent's father and the Appellant. They commence with a recital that his mother, the Appellant, was entitled to a third share of certain heritable estates that had been settled on her and her two brothers, by her grandfather, in the year 1767; and also that her grandfather, by his will of 1785, had vested certain other heritable estates, and certain sums of money for behoof of the Appellant's mother; and after that person's death, for behoof of the Appellant and her other children, when they should attain the age of twenty-one, till which time it was to be accumulated by trustees; and then it is declared that in contemplation of the marriage, the parties "covenanted, provided, and "agreed to assign, transfer and set over, settle and 66 JUS NATURE. assure, or cause to be assigned, transferred and March 13, set over, settled and assured, all the part, share May 27, 1818. "and interest of the said Jane Anne Woolley, ALIMENT. "whether present or future, vested or contingent, -ENGLISH "of and in the before-mentioned sums of 4,4031. SETTLEMENT, &c. "16s. 4d. 3 per cent. Reduced Bank Annuities; 3,000l. 4 per cent. Bank Annuities, and 8,000%. "3 per cent. Consolidated Bank Annuities, and all "the past share and interest present and to come, "which the said James Maidment and Jane Anne Woolley, his intended wife, or the said James "Maidment in her right, will immediately, upon "the solemnization of the said intended marriage "become entitled to, and in and to the produce and "accumulations thereof, unto Jacob Caseneuve Troy of Chatham, in the county of Kent, banker; Thomas Lomas of same place, gentle"man;" (both since deceased,) "Richard Burton "of Craven-street in the Strand, in the county of "Middlesex, Esquire; and Richard Withy the younger, of the same place, Esquire; their executors, administrators, and assigns, upon the "trusts, and to and for the intents and purposes "hereinafter mentioned, expressed and declared "of and concerning the same." The deed next proceeds to provide, that the moneys and estate shall be kept under trust, till Mrs. Maidment shall have attained the age of majority, when she and her husband became bound to those trustees, "by such "good and sufficient fines, recoveries, conveyances, 66 assignments, and assurances in the law, as they "the trustees, their heirs, executors, administrators "and assigns, or any of them, their, or any of March 13, ALIMENT. JUS NATURE. -ENGLISH &c. 66 66 "their counsel learned in the law, shall advise or approve of, upon the trusts, and to and for the ends, intents, and purposes, and under and subject to the powers, provisions, declarations and SETTLEMENT, " agreements herein after-mentioned, expressed and declared, or directed of and concerning the same." The purposes of the trust are then declared to be, in the first place, to vest the whole property that may belong to the wife, either presently or eventually, in government stock, or securities, in the county of Middlesex, in the name of the trustees, who are authorised to pay the interest and other annual proceeds "into the proper hands of the said "Jane Anne Woolley only, and not into the hands "of any other person or persons, to whom, or in "whose favour she may assign, alien, charge, or "encumber the same, to the intent that the same "may be for the sole and separate use of the said "Jane Anne Woolley, and may not be subject to "the debts, control, disposition, or engagements of "the said James Maidment, her said intended hus"band, and for which the receipt of the said Jane "Anne Woolley, and her receipt only, under her 66 own proper hand-writing, shall be from time to "time a sufficient discharge to the person or per"sons paying the same, for so much thereof for "which such receipts shall be given." Next follow the instructions of the parties, as to the application of the principal sums, after the death of the liferentrix, in these terms: "and from and after the "decease of the said Jane Anne Woolley, in trust "for all and every the child and children of the said "intended marriage, subject to the proviso herein |