Scottish Court of Session Decisions

Subject_1 CLAUSE.

Earl of Home
v.
Bothwell

1748, Feb. 11.
Case No. No. 4.

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A bond of provision to several brothers and sisters, payable at their mother's death, or their majority or marriage, which should first happen, proviso, that if either of them died before marriage or majority, their portion should accresce, the one half to the other sisters,—one of theme having survived majority, but died before marriage, Drummore found the substitution still subsisted, because she died before one of the events, marriage. But we altored, and thought the particle or was meant here conjunctive, and that marriage alone would have put an end to the substitution, though not major, and therefore so should majority, though not married;—and considering the manner of the Earl of Homes signing the contract of marriage and separate assignation, found that he was not barred from quarrelling the Lady's right to the half of her sister's portion. 1st December Adhered to the first, point, and 11th February 1748 adhered to the last.—(17th November 1747.)