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In a disposition of a land estate, by the proprietor to his eldest son, there was inserted the following clause; “as also these presents are granted, with the express burden of the payment of 8000 merks, which the said James my son, by acceptation hereof, binds and obliges him to content and pay to John, Gilbert, &c. my younger children, equally amongst them.” In a competition betwixt the younger children, and the creditors of the eldest son, the question was, whether it was a personal burden only, or both a personal and real burden. The creditors pleaded, That there is a personal burden plainly established, and the clause does not necessarily import any thing further; and therefore, to found upon the same clause, as also inferring a real burden, which is a right of a quite separate nature, is truly establishing rights and conveyances, by conjecture and implication, contrary to the principles of law and of reason. The Lords, notwithstanding, found the above clause in the disposition made the provision real. See Appendix.