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Cite as: [1706] Mor 14901

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[1706] Mor 14901      
Subject_1 SUCCESSION.
Subject_2 SECT. III.

Succession a testato.

Dundas
 v.
Dundas

Date: 2 January 1706
Case No. No. 30.

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A proprietor in his contract of marriage having bound himself to tailzie his estate, failing heirs-male of the marriage, to certain persons therein named; it was found, That this implied no obligation to provide the estate in favour of heirs-male, quia positus in conditione non censetur positus in institutione.

 Fol. Dic. v. 2. p. 400. Fountainhall. Forbes.

*** This case is No. 5. p. 4083. voce Faculty.

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/1706/Mor3414901-030.html