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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Executors of Lady Tolquhoun v The Creditors. [1740] 2 Elchies 335 (22 February 1740)
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[1740] 2 Elchies 335
Subject_1 LIFERENTER.
Date: Executors of Lady Tolquhoun
v.
The Creditors
22 February 1740
Case No.No. 2.
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Liferent annuity payable yearly without mentioning at what terms, the Lords found, that the interest of the fiar and liferenter behoved to be regulated by the legal terms of Whitsunday and Martinmas; 2dly, The liferentrix having died on Martinmas day in the morning, betwixt the hours of two and three, they found, that her executors have right to the Martinmas half year's annuity, because they thought, had her husband died on the term day, she would have had none of that term. (See Dict. No. 45. p. 15907.)
The electronic version of the text was provided by the Scottish Council of Law Reporting