Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Thomas Beg v. Sir Thomas Nicolsone
Date: 25 January 1663
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Thomas Beg, pursuing Sir Thomas Nicolsone of Carnock to pay the sum of contained in his bond to Thomas Beg and Janet Levinston, in conjunct fee, and to the bairns to be gotten of the marriage, in fee; which failyieing, to Thomas and Margaret Begs, bairns of a former marriage; on which bond infeftment follows:
Alleged,—This sum cannot be paid to Thomas, because the fee of the sum failyieing of bairns of this marriage, did terminate in his other bairns nominatim, whereon infeftment followed; and there behoved to be a renunciation of the infeftment by Beg's bairns, before he could pay the sum tuto.
The Lords found the fee of the sum, failyieing of bairns of the marriage, belonged to the father; and that the bairns named in the bond could have no right to it, without they were served heirs of provision to their father; and found their father's discharge sufficient, without renunciation.
