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Scottish Court of Session Decisions >>
Fleming v Fleming. [1666] Mor 14848 (3 July 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor3414848-006.html Cite as:
[1666] Mor 14848
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A bond being conceived, payable to two persons, and, failing the one by decease, to the other, it was urged, That this was not properly a substitution, but a conditional institution, and therefore such clauses make not the survivor to represent the defunct, or to be liable for his debts. The Lords found, That, by this clause, the person substituted was heir of provision.
Fol. Dic. v. 2. p. 397. Stair.
*** This case is No. 6. p. 13999. voce Representation.
