The superior has right to the avail of the marriage of every apparent heir, however many may die before entering, or before majority.
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In the action betwixt Frenchland and the Heirs of Thornydykes, the Lords found, that, albeit the King had given the gift of Adam French his marriage, as apparent heir of Robert French of Thornydykes, his father, and that Sir John Home of North Berwick, donatar, had obtained decreet of the single avail of the said Adam's marriage, tanquam onus reale of the ward-land, and that the land was ordained to be poinded therefor; which decreet was obtained against the sisters of the said umquhile Adam, who were daughters and apparent heirs of their father, Robert, that the King's second donatar had also good right to marriage of the said daughters, as apparent heirs to their father, Robert, by decease of their brother, Adam, notwithstanding that Robert's marriage was gifted and declared; and thereby found, in effect, that, if the King's vassal of ward-land died, and left an heir minor, unmarried, his marriage should vaick, and that the laird might be paid for it, after decreet; and he marrying before his perfect age, and entry to his land, if his apparent heir were minor, his marriage should fall of new; and, being decerned, the land might be poinded for it, et sic in infinitum.
Fol. Dic. v. 1. p. 568. Haddington, MS. No. 2645.
*** The preceding case by Durie contains likewise the matter of the above.
