Scottish Court of Session Decisions

Subject_1 FIAR.

Campbell
v.
Campbell

Date: 9 November 1740
Case No. No. 6.

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A disposition of some houses without either procuratory or precept, being made to the disponer's daughter for her own and children's aliment in liferent, and to three children whom she then had nominatim, and all other children that she should have in fee; and though several children were afterwards born besides these three; yet of the whole there having only two survived the mother; the Lords found that only these two had right to the subjects and that equally, and that the children who died before their mother never had any right; for they considered this only as a personal deed or obligement, and not as establishing a present right of fee. Vide Burnet against Burnet, 2d February 1737, voce legacy.