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It being provided in a contract, that the half of the tocher should return to the wife, in case she died without children on life, the Lords found, That the existence of bairns, who died before the wife, did not evacuate the condition of the return of the tocher, as being collata in tempus mortis uxoris.
Fol. Dic. v. 1. p. 187. Harcarse, (Contract of Marriage.) No 396. p. 104.
