Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. II.
Import of a Provision to be a Bairn in the House.
Jane Beg v. Jane Lapraick
Date: 18 November 1737 Case No. No 14.
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Jane Beg, in her contract of marriage, being provided to a certain sum in name of tocher, in satisfaction of legitim, &c. with this provision, “that she should be a bairn in the house at his decease, with the rest of his daughters, but not in the least with his sons;” the Lords found, that the sons have right to the same share of legitim as if Jane had not existed at the time of the father's decease; and in respect that Jane is only provided to be a bairn in the house with the rest of the daughters, and that the father could not, and hath not by any clause in the contract, prejudged the daughters as to their legal share in the legitim; found, that each of the daughters, excepting Jane, must have an equal share in the whole legitim, according to the division of law among the whole children, including Jane; and therefore found, that after deducting the shares of the sons as if Jane had not existed, and after allowing to each of the other daughters such share as should belong to her according to the division of law, taking in Jane as a bairn of the house, the remainder of the legitim belongs to Jane, and no more. See Appendix.
