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Earl of Dumfermline v Earl of Callendar. [1676] Mor 4244 (27 June 1676)
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[1676] Mor 4244
In questions betwixt Husband and wife, who understood Fiar.
Subject_3 SECT. IV.
Clause giving the wife power of disposal. - Wife's heir first in the substitution.
Earl of Dumfermline v. Earl of Callendar
Date: 27 June 1676 Case No. No 34.
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In a contract of marriage, the husband obliged himself to take the conquest to himself and wife in conjunct-fee and liferent, with an express power to the wife to dispone at her pleasure upon the half thereof. In this case the wife was found to be fiar of the half of the conquest; which was inferred not only from this power of disposal, but also because she had an opulent fortune of more value than her husband's.
Fol. Dic. v. 1. p. 300.
*** This case is reported by Stair, No 7. p. 2941.; by Dirleton; No 4. p. 4078.; and by Gosford, No 4. p. 4080.
