[1680] Mor 12948
Subject_1 PROVISION to HEIRS and CHILDREN.
Subject_2 SECT. XI. Obligation to provide the conquest to the issue of a marriage. Import of this obligation with regard to the father.
Anderson
v.
Bruce
1680 .December 1 .&21 .
Case No.No 83.
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A man, in his contract of marriage, being obliged “to provide his conquest to himself and wife in conjunct-fee and liferent, and to the heirs of the marriage; which failing, the one half to his heirs, and the other half to her heirs;” and there being a considerable conquest, but no bairns of the marriage; the Lords found a provision of the said conquest in favour of the children of a second marriage, was a rational and effectual deed, and therefore sustained the same against the wife's heirs.
*** This case is No 46. p. 12890.
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