Gifts of escheat, bearing all goods to be acquired, extend only to goods acquired within year and day of the gift.
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Bow, stabler in Edinburgh, as assignee to a sum of money due by Glenurchy, and also as donatar to the escheat of his cedent, being called in a double poinding, and competing; the donatar alleged he ought to be preferred to the arrester, because the debt in question falling in his cedent's escheat, he had taken the gift of the escheat, bearing expressly all goods the rebel had or should acquire, and this debt being acquired after the gift, did accresce to him, the rebel not being yet relaxed. It was answered, That though the stile of the gift bear all goods to be acquired, yet that is always interpreted such as happen to be acquired within year and day after the horning. It was answered for the donatar, That he oppones the tenor of his gift; and if any limitation could be thereof, it could only be of sums to be acquired within a year after the gift, and not within a year after the horning, because sometimes gifts are not taken within a year of the horning.
The Lords found the gift to extend to the sum in question, being acquired by the rebel within a year after the gift, and that the general clause of goods to be acquired, did extend no further than to goods acquired within a year after the gift.
