Although the children die before the mother, and both within the year, yet the husband has right to the courtesy.
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Alexander Irvine is obliged, by contract of marriage, to pay in tocher with—, his half-sister, a certain sum to her future spouse; the heir of the husband pursues registration of the contract against Irvine. Excepted the marriage dissolved within year and day be the wife her decease. Replied, There was a bairn born and christened. Duplied, The bairn died before the mother, and both within the year, and bearing of a bairn gives only by practice the benefit of curialitie, but not of tocher nor conjunct-fee, this never being practised. Finds I. P. the contract to be registrate, and repells the exception and duply, and finds the reply relevant.
Fol. Dic. v. 1. p. 205. Nicolson, MS. No 57. p. 38.
