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In a contract of marriage, the wife having a power, in case of no heirs of the marriage, to make her tocher return to what person she should appoint; and she having named her husband, this nomination was sustained, though done after the contract, and before solemnization; because, this was not impinging upon the contract, but only exercising a faculty given by the contract.
Fol. Dic. v. 2. p. 23. Stair.
*** This case is No 304. p. 6093. voce Husband and Wife.
