Scottish Court of Session Decisions

Subject_1 PROVISION to HEIRS and CHILDREN.
Subject_2 SECT. XI.

Obligation to provide the conquest to the issue of a marriage. Import of this obligation with regard to the father.

Anderson
v.
Bruce

1680. December 1.& 21.
Case No. No 83.

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A man, in his contract of marriage, being obliged “to provide his conquest to himself and wife in conjunct-fee and liferent, and to the heirs of the marriage; which failing, the one half to his heirs, and the other half to her heirs;” and there being a considerable conquest, but no bairns of the marriage; the Lords found a provision of the said conquest in favour of the children of a second marriage, was a rational and effectual deed, and therefore sustained the same against the wife's heirs.

Fol. Dic. v. 2. p. 284. Stair. Fount.

*** This case is No 46. p. 12890.