Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. III.
Provision that the Child shall be an equal sharer in the Father's means and effects.
A v. B
1683.
February. Case No. No 15.
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It being provided, in a wife's contract of marriage, that she, in case of her decease without children, should have power to dispose of 400 merks, even without her husband's consent; she surviving him without children, claimed the 400 merks. It was alleged for the defender, That the foresaid power of disposal was only intended in case the wife had predeceased, seeing these words, “without his consent,” import him to be living the time of her disposal; and this was rational, in respect she would have had no jointure off the estate in such a case; but she having outlived him, and got a jointure, there is no reason she should have also the disposal of the 400 merks.
The Lords sustained the defender's allegeance, and found the pursuer had only right to the 400 merks, in case she had died before her husband.
Fol. Dic. v. 2. p. 277. Harcarse, (Contracts of Marriage.) No 355. p. 89.
