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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Executors of Lady Tolquhoun v Creditors. [1740] 1 Elchies 249 (22 February 1740)
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[1740] 1 Elchies 249
Subject_1 LIFERENTER.
Executors of Lady Tolquhoun
v.
Creditors
1740 ,Feb. 22 .
Case No.No. 2.
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The Lady Tolquhoun was infeft in an annuity payable yearly, without mention of any particular term. Tolquhoun died in April 1728, and the Lady died on Martinmas-day in the morning. The questions were two, Whether in such case, though the life-renter should survive but one legal term, she would be entitled to that half year? and in this we had no difficulty to find, that the two legal terms behoved to regulate the interests of fiar and liferenter. As to the second, we at last unanimously found her entitled to the Martinmas half year in which she died, though in the morning of that day, for the same reason, that had her husband died on Martinmas-day in the morning, she would not have had that Martinmas term.
The electronic version of the text was provided by the Scottish Council of Law Reporting