Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Scots v. Ayton of Kinaldie
Date: 3 January 1694
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Scots, children to Balmount, against Ayton of Kinaldie, for payment of 2000 merks contained in a bond granted by Sir John Ayton, whom Kinaldy represents, to Balmount, on this condition, “if he have a son of the marriage and they subsume there was a son born, though he died that same day. Alleged,—His once existence purified not the condition, seeing there was another clause, of his out-living the term of Lammas or Martinmas after his birth; which did not fall out: so the bond was as much extinct as if it had been made payable when he arrived at the age of sixteen, and he had never arrived at that age.
Though there was equity for the sisters, as executors, to claim it, yet, in regard of the strict conception of the bond, the Lords resolved to hear it in prœsentia.
