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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Clerk of Pennycuik v His Sisters. [1682] Mor 12881 (00 February 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor3012881-034.html
Cite as: [1682] Mor 12881

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[1682] Mor 12881      

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

Whether Heirs of a Marriage can transmit to their Representatives their jus crediti without service?

Clerk of Pennycuik
v.
His Sisters

1682. February.
Case No. No 34.

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A sum provided to children in a contract of marriage, must be taken up by the children as heirs of provision, and therefore if any of them die before their father, they will transmit nothing to their representatives.

Fol. Dic. v. 2. p. 279. Harcarse.

*** This case is No 3. p. 6330. voce Implied Condition.

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/1682/Mor3012881-034.html