Provisions payable at the Granter's Decease, or at a distant Term certain.
Elliot v. -
1687.
July. Case No. No 10.
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One Elliot having granted a bond of provision to his second son and his sister, payable to them, their heirs and executors, the next term after the granter's decease; in the end whereof, it was provided, by a distinct clause, That notwithstanding the payment was delayed till his death, yet the money should not be payable by his heir, till they respectively attained to the age of 16 years; under which condition, these presents are granted, and no otherwise;
The Lords found, That the clause imported a condition, being inter liberos, and was not prorogatio termini solutionis; and that the same did not belong to their executors, unless they prove they attained to 16 years; though here there was no substitution or return mentioned.
Fol. Dic. v. 1. p. 424. Harcarse, (Bonds.) No 215. p. 49.
