Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Reid and Rankein v. Burrell
Date: 25 June 1670
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By a contract of marriage there is an annualrent provided to the husband and the wife, and the longest liver of them two in conjunct fee, and to the bairns of the marriage; which failyieing, to the wife's heirs. The wife's heirs are found to have right thereto; notwithstanding, it was alleged, That by existency of bairns of the marriage, the wife's heirs were wholly excluded, and the right of the annualrent returned back to the heirs of the husband; for they found though these bairns had been served heirs to their father, yet whenever they failyied, the wife's heirs, by virtue of the substitution of the contract, will come in as heirs of tailyie or provision to them; and notwithstanding that the father, or the heirs of the marriage, as fiars, might have alienated the said annualrent, seeing they never made use of their power.
