[1666] Mor 14848
Subject_1 SUBSTITUTE AND CONDITIONAL INSTITUTE.
Date: Fleming
v.
Fleming
3 July 1666
Case No.No. 6.
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A bond being conceived, payable to two persons, and, failing the one by decease, to the other, it was urged, That this was not properly a substitution, but a conditional institution, and therefore such clauses make not the survivor to represent the defunct, or to be liable for his debts. The Lords found, That, by this clause, the person substituted was heir of provision.
*** This case is No. 6. p. 13999. voce Representation.
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