Scottish Court of Session Decisions

Subject_1 SUBSTITUTE AND CONDITIONAL INSTITUTE.

Christy
v.
Christy

Date: 13 July 1681
Case No. No. 9.

Click here to view a pdf copy of this documet : PDF Copy

A defunct, in his testament; named his daughter his executrix and universal legatrix, and, failing of her by decease, David Christy. The daughter having died, after being confirmed, and obtaining sentences for the defunct's moveables; in a competition betwixt her nearest of kin and the said David Christy, the question occurred, Whether he was a proper substitute, or only a conditional institute, having right only in case the daughter died before making up titles? The Lords found, That the settlement imported a tailzied succession and proper substitution, and preferred David Christy. (See Campbell against Campbell, No. 18. p. 14855.)

Fol. Dic. v. 2. p. 395. Stair.

*** This case is No. 30. p. 8197. voce Legitim.