Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Anent Provisions in lieu of Terce
1678.
January.
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A woman, in her contract of marriage, accepts a jointure in satisfaction of terce and third, or any thing she could crave. She dying before her husband, quæritur if that generality of the clause will exclude her executors from the communio bonorum; for it seems only to provide in unicum istum casum that she survive the husband. Lawyers differ on it. This clause uses to be conceived more amply now, whereby she is made to accept the liferent provision, in satisfaction of terce, third, or all other part, either of moveables or heritage due by the law or custom, which either she could crave by her husband's predeceasing, or that her executors could crave, if she happen to decease before her husband.
