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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Auchinbreck, Competing. [1749] 1 Elchies 373 (1 December 1749) URL: http://www.bailii.org/scot/cases/ScotCS/1749/Elchies010373-012.html Cite as: [1749] 1 Elchies 373 |
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[1749] 1 Elchies 373
Subject_1 PROVISION TO HEIRS AND CHILDREN.
Creditors of Auchinbreck, Competing
1749 ,Dec. 1 .
Case No.No. 12.
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There was one point in this competition heard in presence, viz. a bond of provision to younger children, payable at their age of 18 or marriage, with a clause of accretion, that if any of them die unmarried their portions should accresce to the survivors, Whether that accretion takes place whether they die before the term of payment or only when they survive the term? and it carried that the accretion takes place at whatever time they die though, before the term of payment. Pro, were Milton, Drummore, Strichen, Justice-Clerk, Monzie, et ego. Cow. were Dun, Murkle, Shewalton, Easdale, President. When there was such contrariety of opinions in this point, how much is our law changed from what it was ! Vide Dirleton, Substitution in Legacies. Stair, p. 480, (501.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
