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Scottish Court of Session Decisions >>
Monroes v Duef of Drummuir. [1733] Mor 12886 (00 June 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor3012886-039.html Cite as:
[1733] Mor 12886
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?
Monroes v. Duef of Drummuir
1733.
June. Case No. No 39.
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A bond of provision being granted to a daughter, and failing of her by decease, to Hugh Monro, “for the use and behoof of his children,” these children after the decease of the institute, and of their father the trustee, were found entitled to pursue for payment, without necessity of a service; for here there was no substitution established, the subject being directly vested in the trustee after the institute's death; and as he had the jus exigendi for the use and behoof of his children, they must have the same after his decease. See Appendix.
