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A defunct, in his testament; named his daughter his executrix and universal legatrix, and, failing of her by decease, David Christy. The daughter having died, after being confirmed, and obtaining sentences for the defunct's moveables; in a competition betwixt her nearest of kin and the said David Christy, the question occurred, Whether he was a proper substitute, or only a conditional institute, having right only in case the daughter died before making up titles? The Lords found, That the settlement imported a tailzied succession and proper substitution, and preferred David Christy. (See Campbell against Campbell, No. 18. p. 14855.)
