Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XII.
Provisions to Children when Prestable. - Provisions in a certain Event.
Duncan v. Smeiton
Date: 20 January 1699 Case No. No 92.
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It being provided in a contract of marriage, that if the wife happened to die without children, the half of the tocher should return to her father, his heirs and assignees; and the husband, on his part, having become bound to add a certain sum to the tocher, and to employ the whole on land or annualrent to himself and spouse in conjunct-fee and liferent, and to the heirs of the marriage, which failing, to the husband's heirs, Upon the provisions and conditions always above mentioned; the case having existed, the question occurred as the time of the return, it being contended, that it should be at the wife's decease, because no term of payment was expressed, and therefore presenti die debetur; the Lords found the husband ought to liferent the sum.
Fol. Dic. v. 2. p. 286. Fountainhall. Dalrymple.
*** This case is No 21. p. 6354. voce Implied Condition.
