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White v Bickerton. [1630] Mor 4199 (9 December 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor1004199-004.html Cite as:
[1630] Mor 4199
In questions betwixt Husband and Wife, who understood Fiar.
Subject_3 SECT. I.
Right taken to Man and Wife, and their Heirs.
White v. Bickerton
Date: 9 December 1630 Case No. No 4.
Found as above.
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A bond, binding a debtor to pay a sum to a man and his spouse, the longest liver of them two, and to their heirs, no bairns being betwixt them two, after the decease of husband, the wife claims right to the sum, as pertaining to her by the bond, and her heirs. ——The Lords found her heirs could claim no part of the sum, but the whole sum, after her decease, to pertain to the heirs of her husband; except the bond had been expressly, that failing of heirs gotten, or to be gotten betwixt them, the sum to be divided betwixt the heirs of the husband and the wife.
