In questions between parents and children, who understood to be fiar.
Subject_3 SECT. V.
In questions among Children, who understood to be Fiar?
Burnet v. Burnet
Date: 17 December 1736 Case No. No 62.
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Mr Alexander Burnet, minister of the British congregation in Dantzic, made his will in the year 1712, wherein he names certain trustees, (and whom he calls the executors of this his last will), to see to the ordering and managing the following particulars, which are, his burial, paying his debts, &c.; then he goes on to bequeath certain legacies, after which follows this contraverted clause: “Whatever money may be yet remaining, over and above the forementioned bequeathments, let it be put out upon provision, either here or in Scotland, as shall be thought most convenient, and the yearly provision of that money be given to my sister during her life, and after her death let the stock be divided equally amongst my brother's children.” The question occurred upon this, whether the money was to be split and divided among the children existing at the testator's death, to be taken up by their nearest of kin upon their decease, or if it fell only to be split and divided among the children existing at the liferentrix's death, at which time the division is appointed to take place by the testament. —— The Lords found, that only the children, who shall exist at the decease of the testator's sister, have right to the legacy in question, See Appendix.
