Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. VI.
Whether Heirs of a Marriage can transmit to their Representatives their jus crediti without service?
Cuming v. Kennedy
Date: 7 December 1697 Case No. No 35.
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There being an obligation in a contract of marriage to provide the conquest to the children of the marriage, the Lords found, That a daughter, the only child of the marriage, had right to the conquest ipso jure, though she was neither confirmed nor served heir of conquest, and consequently that her husband jure mariti, after her death, was entitled to what part of the conquest was moveable.
Fol. Dic. v. 2. p. 279. Fountainhall.
*** This case is No 41. p. 6441. voce Implied Discharge.
