Date of Decision: 1802
Abstract: Mrs. Gibson (pursuer) was married to Dewar Masterson, and while they were together, due to Mr. Masterton's dissipation and extravagance, they assumed several debts. After three years of marriage, Mrs. Gibson brought an action of divorce against her husband. As a result, there was a contract of separation, which needed the consent of all Mr. Masterton's creditors. When Mr. Masterton died, Mrs. Gibson challenged the contract of separation because the terms on which the agreement was conceded were not only highly prejudiced against her interest, but also fraudulent, on the grounds that the deceased Mr. Masterton has been released from paying his creditors, but she has left without income. John Somerville and Samuel Macknight submitted answers to Gibson’s arguments, for themselves as creditors and for the other creditors of the deceased.
Subjects: Contract of separation, Debtors, Divorce

Published Report

Not Reported

Litigants

Pursuer:
Helen Gibsone Barr, Spouse of the deceased Mr. Dewar Masterton
Defender:
John Somerville, Creditor of the deceased Mr. Dewar Masterton
Samuel Macknight, Creditor of the deceased Mr. Dewar Masterton

People or Organizations Associated with Case

Agent:
S. Macknight, W.S.
William Inglis, W.S.
Named in case documents:
Dewar Masterton Gibsone, Esq, Spouse of Mrs. Helen Gibsone and debtor of the defendants
John Barr, Second husband of pursuer

Organizations