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Elizabeth Dick, their sister, in her contract of marriage with Mr. Andrew Massie, dispones 8,000 merks, with this quality, that if there be no children of the marriage, he shall life-rent it, but the fee shall appertain to her heirs and execucutors, and she shall have power to dispose of it by testament, she dying without children, her sisters and brother contend for the fee. Grange alleges it is heritable, because it is to be upon good and sufficient security, which must be understood to be real. The Lords found such inferences not sufficient against the precise conception of the clause making it transmissible by testament, and so moveable. Alleged farther for Grange, That he must have a share by collation, and he is willing to divide with them. Answered, 1mo, He can claim no share of the executry, for his father made his election and served heir. 2do, You are now a degree remoter, and his aunts must seclude him, there being no representation in mobilibus. 3tio, You have no inheritance to give in and collate. 4to, By the common law collation only takes place inter liberos, and not inter collaterales. The Lords thought this point deserved a hearing in the Inner-House.
Fountainhall, v. 1. p. 825.
*** See the sequel, No. 11. p. 10326. voce Personal and Transmissible.
