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Scottish Court of Session Decisions >>
William Blair v Anderson. [1663] Mor 3571 (18 February 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor0903571-018.html Cite as:
[1663] Mor 3571
Where the Heir Male or of Entail is bound primarily; - or, bound to relieve the Heir of Line.
William Blair v. Anderson
Date: 18 February 1663 Case No. No 18.
One having bound himself and his heirs-male, the heir male was found liable primo loco, and the heirs of line secundo loco.
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William Blair as assignee by the wife and bairns of Mr David Anderson, by his second marriage, pursues his daughters, both of the first and second marriage, as heirs of line, for implement of the second contract of marriage, and the daughters of the second marriage offering to renounce to be heirs of line, but prejudice of their provision, by contract of marriage, as bairns of that marriage, the assignee insisted against the daughters of the first marriage, as lawfully charged, &c. Who alleged no process, because the provision, by the contract of marriage insisted on, runs thus, that Mr David obliged himself, and his heirs-male, successors to him in his estate, but did oblige no other heirs. Ita est, there is an heir-male. The pursuer answered, albeit heirs-male were only expressed, other heirs were not excluded; especially, seeing he bound himself, so that the effect thereof would only be, that the heir-male should be liable primo leco.
The Lords found the heir-male liable primo loco, and the heirs of line secundo loco, and found the heir-male sufficiently discussed, by an apprising of the clause of the contract of marriage, in favours of the heirs-male, they not being infeft as yet, and having no other right.
