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A husband having become bound, in his contract of marriage, to add 2000 merks of his own to 1000 merks stipulated by the wife's father in name of tocher, and to employ the same to him and her in conjunct fee and life-rent, and to the heirs of the marriage, which failing, 1000 merks to belong to the wife and her heirs, the Lords found the wife and her heirs to be heirs of provision to the husband, and found, That the existence of an heir of the marriage, who died without children, did not exclude the substitution.
Fol. Dic. v. 2. p. 395. Harcarse.
*** This case is No. 43. p. 4381. voce Fiar Absolute, Limited.
