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In a contract of marriage, an estate being disponed to the husband, and his heirs-male of that marriage, which failing, his heirs-male of any other marriage, which failing, his heirs-female of that marriage; and their being daughters of that marriage, but no sons, a service by the eldest son of the second marriage, as heir-male in general to his father, was found not to carry the provision in the contract of marriage, though, at the same time, he was heir-male of provision; upon which footing the heirs-female of the first marriage, who claimed the estate after his decease, were preferred to his gratuitous assignee.
Fol. Dic. v. 2. p. 345.
*** See this case by Kilkerran, voce Service and Confirmation. See also No 10. p. 3089. voce Consolidation, and No 17. p. 4325. voce Fiar Absolute Limited.
