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Subject_1 MUTUAL CONTRACT.
Jean Trail
v.
John Trail of Elseness
1737 ,Jan. 7 .
Case No.No. 5.
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The Lords adhered to the Ordinary's interlocutor;. We generally agreed that notwithstanding the destination in the contract of marriage to the heirs whatsoever of the marriage, that the father might prefer the heirs-male to the heirs-female of the marriage, Only Lord Kilkerran, Drummore, and Stricken differed, and I thought likewise the acceptance of Patrick Trail sufficiently qualified. But they did not go upon this but upon the point of law, and adhered as above.
The electronic version of the text was provided by the Scottish Council of Law Reporting