Scottish Court of Session Decisions

Subject_1 SUBSTITUTE AND CONDITIONAL INSTITUTE.

Laws
v.
Tod

Date: 19 January 1697
Case No. No. 13.

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A man, in his contract of marriage, obliging himself to take the securities of a sum of his own, and some lands he got with his wife nomine dotis, to himself and her in conjunct-fee, and to the children of the marriage, which failing, the money and land to be equally divided betwixt his and her heirs; it was found, that the substitution to the wife's heirs took place, though there was a child of the marriage served heir of provision, who afterwards deceased; and the clause, quibuss deficientibus was to be understood quandocunque defecerint.

Fol. Dic. v. 2. p. 396. Fountainhall.

*** This case is No. 30. p. 4236. voce Fiar.