Scottish Court of Session Decisions

Subject_1 IMPLIED CONDITION.
Subject_2 SECT. II.

Provisions payable at the Granter's Decease, or at a distant Term certain.

Campbell of Calder
v.
Ruth Pollock

Date: 7 December 1717
Case No. No 11.

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A father having granted to his second son a bond of provision payable five years after date; the son dying before the term of payment, the question occurred, if this bond was payable to his assignee. It was argued, that it was conditional, viz. “if the son should happen to survive the term of payment,” equally as where such bonds are conceived payable at a certain age, which are never due, if the children arrive not at that age. Answered, That dies incertus habetur pro conditione, non dies certus. The Lords found the bond valid and assignable by the son, notwithstanding he died before the term of payment. See Appendix.

Fol. Dic. v. 1. p. 425.