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A man, in his contract of marriage, obliging himself to take the securities of a sum of his own, and some lands he got with his wife nomine dotis, to himself and her in conjunct-fee, and to the children of the marriage, which failing, the money and land to be equally divided betwixt his and her heirs; it was found, that the substitution to the wife's heirs took place, though there was a child of the marriage served heir of provision, who afterwards deceased; and the clause, quibuss deficientibus was to be understood quandocunque defecerint.
