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Scottish Court of Session Decisions >>
Ainslie v Elliots. [1749] Mor 13044 (28 June 1749)
URL: http://www.bailii.org/scot/cases/ScotCS/1749/Mor3013044-152.html Cite as:
[1749] Mor 13044
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XIX.
Where the Provision is not made by a Contrast of Marriage.
Ainslie v. Elliots
1749.
June28. &
July8. Case No. No 152.
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Bonds of provision, though irrevocable, and out of the hands of the granter, if only payable at his death, will fall by the children predeceasing the father, yet where such bonds are absolute, so as statim debeantur, they will not fall by the child's predecease.
And accordingly Thomas Porteous having disponed his estate to his eldest grandchild, Thomas Ainslie, irrevocably, with the burden of L. 1000 to Andtew, his second grandson, the provision to Andrew was sustained, though he predeceased his grandfather.
Fol. Dic. v. 4. p. 186. Kilkerran, (Provision to Heirs and Children.) No 13. p. 466.
