Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. VIII.
Where the Husband is not the Granter of the Obligation.
Leslie v. Creditors of Leslie
Date: 15 June 1710 Case No. No 67.
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A father, in his son's contract of marriage, having obliged himself to pay a certain sum “to him and his spouse in conjunct fee and liferent, and to the heirs and children of the marriage in fee, whom failing, to the son's heirs and assignees whatsomever;” and the son having, after his wife's decease, granted a disposition of the subject, the Lords found, That the granter's daughter, and only child of the marriage, was in the common case of an heir of provision, and had interest thereby to challenge any gratuitous deeds done by her father to her prejudice.
