Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Robert Nasmyth, Bailie of Hamilton, v. James Hamilton of Aikenhead
Date: 26 July 1694
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The Lords found a bond, thus conceived, To a husband and his wife, and to the longest liver of them two, and their heirs, executors, and assignees, did not make the wife fiar of the sum, because she was the longest liver, as was contended, but only liferenter; for, in all these cases, potior est conditio masculi. But it would have been otherwise if it had been to the heirs of the longest liver; for that termination of heirs would have determined the fee to her, if she had outlived the husband.
