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URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor3012842-005.html
Cite as: [1680] Mor 12842

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[1680] Mor 12842      

Subject_1 PROVISION to HEIRS and CHILDREN.
Subject_2 SECT. I.

In provisions to the Issue of a Marriage, wheather the Children succeed per captia, or if the Heir is preferred?

Brown
v.
His Mother

Date: 21 July 1680
Case No. No 5.

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By contract of marriage, the lands being provided to the heir by the first clause, and the conquest to the children in a subsequent clause; the Lords found the heir had a share of the conquest (though it was most part executry) without collation, because he was also a child.

Fol. Dic. v. 2. p. 275.

*** This case is No 11. p. 2375, voce Collation.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor3012842-005.html