Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

George Turcan
v.
Serse Turcan

Date: 18 January 1670

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In a declarator of the expiring of the reversion of certain lands, given in wadset to the said George, upon bond, for payment of the sum of 700 merks to Margaret Primrose and her husband, the longest liver of them two, and their heirs; in which wadset the reversion was suspended for twenty-one years; which were expired:—It was alleged, That the payment of the bond was not instructed by the discharge, being granted by Margaret Primrose only; because she was only liferenter of the said sum, and her son fiar, who behoved to subscribe the discharge; otherwise Serse Turcan, granter of the wadset, was not in tuto.

The Lords, having considered the bond made to the said Margaret, which did bear, that it was payable to her and her husband, and, failing of them by decease, to their said son and heir; and that the said Margaret had, in the discharge, acknowledged that she had received the sum of money, to be employed for her liferent use only, and to the behoof of her heir after her decease, notwithstanding of the conception of the bond, which made her fiar, did find, That it ought to be instructed, that the money was so employed for the behoof of the heir, and therefore that he ought to be cited to this declarator.

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