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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir John Clerk of Pennycook v His Sisters and Mr David Forbes. [1682] Mor 6330 (00 February 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor1506330-003.html
Cite as: [1682] Mor 6330

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[1682] Mor 6330      

Subject_1 IMPLIED CONDITION.
Subject_2 SECT. I.

Provision to Children payable at a certain age.

Sir John Clerk of Pennycook
v.
His Sisters and Mr David Forbes

1682. February.
Case No. No 3.

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Found that when a sum is provided to children in a contract of marriage, if any be born and die in the father's lifetime, before getting of a bond of provision, the destination will not fall in their executry, nor can it be claimed by other bairns.

Fol. Dic. v. 1. p. 423. Harcarse, (Bonds.) No 175. p. 38.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor1506330-003.html