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Competition Creditors of Kinminity. [1756] Mor 13040 (20 January 1756)
URL: http://www.bailii.org/scot/cases/ScotCS/1756/Mor3013040-148.html Cite as:
[1756] Mor 13040
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XVIII.
Where the Child will not represent his Father. - Where Children provided by a Contract of Marriage predecease their Father. - Where Provisions are made to Children nominatim, and one afterward succeeds as Heir.
Competition Creditors of Kinminity
Date: 20 January 1756 Case No. No 148.
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A wife having bound herself, in her contract of marriage, to pay a certain sum yearly out of the rents of her jointure-lands, &c. to the heir-male of the marriage, and the heir-male of his body; the husband dying, leaving many debts, the heir-male renounced to represent him, and the creditors pleaded, That the provision to the heir should be deducted from the widow's liferent, so as to increase the defunct's hœreditas jacens affectable for his debts. The Lords found, that the provision to the heir-male did not diminish the widow's jointure.
Fol. Dic. v. 4. p. 186. Fac. Col.
*** This case is No 343. p. 6127. voce Husband and Wife.
