Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. I.
In provisions to the Issue of a Marriage, wheather the Children succeed per captia, or if the Heir is preferred?
Lady Pardovan and Her Daughters v. Stewart of Pardovan
Date: 29 January 1678 Case No. No 4.
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In a contract matrimonial, conquest being provided to the heirs or bairns, and these being a son and four daughters, the daughters raise a declarator that the conquest belongs to them. The Lords found the claim of conquest, as it was conceived, did provide the conquest to all the bairns of the marriage, one or more, so that the son might come in with the rest, and that the father intended an equal division among them all.
It was found in the case of Mr Thomas Baird's wife and children of the first marriage, that a provision in favour of bairns makes an equal succession; and in this case the Lords found it was not conquest what was paid as a composition for the succession, and allowed it to be proved by the communers and witnesses.
Fol. Dic. v. 2. p. 275. Fountainhall, MS.
*** Stairs report of this case No 5. p. 3052, voce Conquest.
