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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Watson v Thomas Glass. [1743] 1 Elchies 372 (23 November 1743) URL: http://www.bailii.org/scot/cases/ScotCS/1743/Elchies010372-007.html Cite as: [1743] 1 Elchies 372 |
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[1743] 1 Elchies 372
Subject_1 PROVISION TO HEIRS AND CHILDREN.
Thomas Watson
v.
Thomas Glass
1743 ,Nov. 23 .
Case No.No. 7.
Click here to view a pdf copy of this documet : PDF Copy
An obligement in a tailzie, in case there shall be daughters and heirs-female procreate of the maker's body alive at his death, obliging his heirs-male and of tailzie to pay his said daughter and heirs-female 10,000 merks,—the question was, Whether that obligement
took place where the tailzier's own son succeeded to him,—whether he was bound to his sister for this 10,000 merks, since she was not an heir-female, since the son was the sole heir? By our interlocutor 15th June last, we found her entitled to the 10,000 merks. Arniston owned that at first he was against the interlocutor, but now he is for it, and said that the providing the 8000 merks, the tocher, and the other moveables, in the same way with the estate, that greatly moved him; and observed, that in money provisions in marriage contracts, “daughters” and “heirs-female” are often used to signify daughters, though there were sons. And upon the question we adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting
