[1739] Mor 12986
Subject_1 PROVISION to HEIRS and CHILDREN.
Subject_2 SECT. XIII. What understood to be sufficient implement.
Date: Pringle
v.
Pringle
14 December 1739
Case No.No 115.
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Pringle of Symington being bound, by his marriage-contract, to provide 12,000 merks to the children of the marriage, disponed to his eldest son his land estate, who being pursued by a sister to account for the executry funds,pleaded, That the 12,000 merks, being a moveable debt, which affected the executry, the share thereof, to which he was entitled by the marriage-contract, exceeded the sum pursued for, which was, therefore, excluded by compensation. The Lords were of opinion, that where a man who, by his contract of marriage, is bound to provide to a certain extent, leaves his estate, heritable or moveable, to descend in the legal channel, it is implement to the children succeeding, as
heirs or executors, of their part of the provision; and that the disposition here was the same as a succession; and they found in this case, that the defender's share of the 12,000 merks was satisfied and extinguished by the disposition to the land estate.—But this judgment was reversed on appeal. *** This case is No 123. p. 11449. voce Presumption.
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