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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean Trail v John Trailof Elseness. [1737] 2 Elchies 393 (7 January 1737)
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Subject_1 MUTUAL CONTRACT.
Date: Jean Trail
v.
John Trailof Elseness
7 January 1737
Case No.No. 5.
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The estate of Elseness was by John Trail's contract of marriage provided to the heirs whatsoever to be procreated of the marriage; and thereafter he disponed it to his eldest son Patrick and the heirs-male of his body, whom failing, to his second son David and the heirs-male of his body, whom failing, to the other heirs-male to be procreated of the said John the father, whom failing, to the eldest heir-female to be procreated of Patrick's body, &c.; and Patrick dying without sons, his daughter claimed the estate on the contract of marriage against the second son David's son. Lord New hall found the contract of marriage sufficiently implemented by the above disposition, though preferring the heirs-male to the heirs-female;—and the Lords adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting