A case in which an Aberdeen University student was suing his estranged mother for #400 a month living costs has been settled out of court.

A hearing of the action between 20-year-old Patrick MacDonald, a third-year law student, and his mother, Mrs Margaret MacDonald, was due to take place at Edinburgh Sheriff Court yesterday.

Solicitor Martin Burns, who had previously appeared for Mr MacDonald, told Sheriff Richard Scott, that he now appeared for both parties. ''I am pleased to advise the court the parties have been able to reach agreement,'' he said.

Outside the court, Mr Burns would only say: ''A private agreement has been reached and that agreement will remain private. It is an agreement with which Patrick is happy. Whether or not Mrs MacDonald is happy, you will have to ask her.'' Neither of the parties was available for comment.

At a hearing in October, Sheriff Daphne Robertson awarded Mr MacDonald an interim award of #60 a month during the academic term from his mother.

Mr MacDonald's parents were divorced in 1993. He went to live with his father, Hugh, in Duns; while the four other children of the marriage stayed with their mother in a #250,000 house in Danube Street in Edinburgh's New Town. The court was told that Mr MacDonald, 55, a former advocate, was unable to work because of ill health. Mrs MacDonald, 53, was said to earn #45,000 a year as a lawyer.

Sheriff Robertson was told Mr MacDonald had disregarded a part-time job in order to keep his time available for his studies. His four other brothers and sisters, two at fee-paying schools and two at university, however, all had part-time jobs.

The sheriff accepted that although Mrs MacDonald had a high income, it was ''swallowed up'' by school fees and the upkeep of the family home. Mr MacDonald had inherited #5000 several years ago, which covered his first two years at university; and for this academic year, had received the maximum student loan of #1685 and a grant of #1739.

He shared a flat with two other people, costing him #1670 in rent for a 10-month period. The sheriff held that #360 a month was a ''reasonable amount'' to meet Mr MacDonald's needs. Taking the loan and grant into account left a shortfall of #141 a month. She awarded an interim payment of #60 a month during the academic term from his mother.

While accepting that a third-year law student would have ''a fairly exacting course of studies'', Sheriff Robertson added: ''I do not consider it unreasonable that a student should undertake part-time employment to supplement his grant and loan.''