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Robertson v Preston. [1680] Mor 14357 (4 February 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor3314357-004.html Cite as:
[1680] Mor 14357
Subject_1 SERVICE AND CONFIRMATION. Subject_2 SECT. I.
In what Cases is a Service requisite to a nominatim Substitute. - Substitution in Moveables. - Subjects whether to be taken up by Service of Confirmation?
Robertson v. Preston
Date: 4 February 1680 Case No. No. 4.
Persons nominatim substituted in bonds, need no service nor confirmation.
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Mary Robertson pursues the representatives of my Lord Preston, for payment of a bond due by him to her. They alleged no process, because the bond being conceived payable by the pursuer's father, and failing of him by decease to her, the father was fiar, and she was but heir-substitute; and he having survived the term of payment, the sum was in bonis defuncti, and so must be confirmed. It was answered, That bonds of this tenor are always effectual without confirmation, being much more than a conditional assignation, to take effect at the cedent's death; for by the very tenor of the bond, it is intimated and notour to the debtor.
The Lords found no necessity of confirmation.
Fol. Dic. v. 2. p. 367.Stair, v. 2. p. 751.
*** See Thomson against Merkland, No. 11. p. 5774. voce Husband and Wife.
