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The Lady Brunton, relict of the sometime Bishop of Glasgow, her executors, pursuing for the duties of some lands, wherein she was infeft in life-rent by her umquhile husband, of the term of Martinmas, in anno years, she living to Martinmas day that year, and not dying till the afternoon that day about three or four hours; and the heir of her husband, who was heritor of that land, alleging, that that term could not pertain to the life-renter, or to her executors, because she dying on Martinmas day, the same term behoved to pertain to the heritor of the land, and not to her; the Lords found, that this term was due to the life-renter and her executors, and not to the heritor, seeing the life-renter lived to the Martinmas day, and died on Martinmas day at afternoon, as said is, which they admitted to the pursuer’s probation; so that hereby the life-renter living to the entry of the term, she was found to have right to that term, begun to run before her decease, as said is, she having lived to the afternoon of that same day, whereon the term fell.
Act. Stuart.Alt. Nicolson & Mowat.Clerk Gibson.
Durie, p. 894.
