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Scottish Court of Session Decisions >>
Deans's v Lockhart. [1745] Mor 12970 (16 July 1745)
URL: http://www.bailii.org/scot/cases/ScotCS/1745/Mor3012970-097.html Cite as:
[1745] Mor 12970
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XII.
Provisions to Children when Prestable. - Provisions in a certain Event.
Deans's v. Lockhart
Date: 16 July 1745 Case No. No 97.
Children having bonds of provision, with a clause that what they should have at their decease should fall to their elder brother, have the jus exigendi.
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The children of Deans of Woodhouselee having bonds of provision secured on the estate, sold them to George Lockhart of Carnwath; and insisting for the price, he suspended, for that they could not convey to him their bonds, since it was expressly provided, that in case any of the children should die before they were married, their portion, or what they should happen to have at their decease, should fall and be paid to their eldest brother, heir to their father.
It was urged, That notwithstanding this clause they had the jus exigendi.
