Scottish Court of Session Decisions

Subject_1 CONDITION.

Captain Halkett
v.
Sir George Wardlaw

Date: 27 November 1733
Case No. No. 1.

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A contract of marriage bearing, “and in respect the said lands are provided to heirs-male, so that in case there should only happen daughters to be procreated of this marriage, or that the sons to be procreated thereof should happen to depart this life in their minority, or before their father unmarried, or without lawful children of their bodies surviving their father, and that there should be daughters living until they attain the age after specified, the said daughters might be excluded from any interest in the estate; therefore the father obliges him to pay to the said daughters the sums underwritten at their respective ages of 16 years complete, or at their marriage in case they may be married before that time.” There was issue a son and three daughters; the son survived the father, and enjoyed the estate 18 years, and then died unmarried; and the daughters in name of their trustee now pursue the next heir-male for their provision; but the Lords found that the conditions of their provisions did not exist, and that they are not due. See Provision to Heirs and Children.