Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. IV.
Import of a Provision to Bairns beside the Heir.
Shorts v. Birnies
Date: 19 February 1695 Case No. No 19.
Click here to view a pdf copy of this documet : PDF Copy
Rankieler reported Shorts in Stirling contra Birnies, children to my Lord Saline. The Lords found Saline's bairns were but trustees, in case James Short should happen to have children; for James being a prodigal, the mother would not trust him, but made her own grandchildren by Saline fide commissarii to restore, in case he had bairns; and found, That they needed not be served heirs to have a right to it; but that hæres in sanguine and heir designative was enough here, seeing it was provided to James's heirs, who might succeed; and, in another place of the clause, they were designed children.
