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Subject_1 LEGACY.
Date: Charles Burnet
v.
Mary Burnet
2 February 1737
Case No.No. 3.
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Legacy in these words:
“Whatever money may be remaining over and above the fore-mentioned bequeathments, let it be put out upon provision either here or in Scotland, and the yearly provision of that money be given to my sister during her life, and after her death that the stock be divided equally amongst my brethren's children:”
The Ordinary found that the fee of the money was established in the children of the testator's brothers immediately after his death, pure and not subject to the condition of their surviving the sister, the liferentrix, and that the proportion of such of the children as are deceased belong to their nearest of kin; and the Lords adhered, 24th June 1736; but after a reclaiming bill and a hearing in presence, the Lords found that only such children of the brothers as shall exist after the death of Mary Burnet, (the sister and liferentrix) have right to, this legacy, which was finding in effect the legacy conditional; though they avoided data opera using that word. Vide 9th November 1740, Campbell against Campbell, voce Fiar.
The electronic version of the text was provided by the Scottish Council of Law Reporting