Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XIII.
What understood to be sufficient implement.
L Granton v. L Collington.
Date: 16 December 1628 Case No. No 102.
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L. of Granton being charged by his father-in-law, after his daughter's decease, spouse to Granton, to fulfil that part of the contract of marriage, whereby he was obliged to employ on land a sum of money, and to procure himself and his umquhile spouse infeft in liferent, and the heirs gotten betwixt them in fee; the reason he suspended upon was, that his wife being dead, that part of the clause ceased, and for his own infeftment, it being conceived in his own favours, he could not be compelled; and as to infefting of the heirs of that marriage, none could charge therefor but as heir to him, and none could be his heir, he living. This cause was not decided, but the Lords inclined to judge that the suspender might be compelled to infeft himself and his heirs of that marriage, as the contract bore, which being fulfilled once, such persons as might be heirs might claim the benefit of the infeftment when the time fell, whereat they might seek the same by law, but the cause was not decided.
Memorandum. 1632. July 7. In a cause of the Bairns of umquhile Sir James Young, procreated of his second marriage, against the Eldest son of the second marriage; this same decision was observed, that the heirs of that marriage, as they were designed in the contract, were interpreted and sustained for bairns of that marriage, albeit they were not served heirs.
Act. Aiton.Alt. Stuart.Clerk, Gibson.
Durie, p. 410.
