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Scottish Court of Session Decisions >>
Shorts v Birnies. [1695] Mor 12856 (19 February 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Mor3012856-019.html Cite as:
[1695] Mor 12856
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. IV.
Import of a Provision to Bairns beside the Heir.
Shorts v. Birnies
Date: 19 February 1695 Case No. No 19.
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Rankieler reported Shorts in Stirling contra Birnies, children to my Lord Saline. The Lords found Saline's bairns were but trustees, in case James Short should happen to have children; for James being a prodigal, the mother would not trust him, but made her own grandchildren by Saline fide commissarii to restore, in case he had bairns; and found, That they needed not be served heirs to have a right to it; but that hæres in sanguine and heir designative was enough here, seeing it was provided to James's heirs, who might succeed; and, in another place of the clause, they were designed children.
