Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

Jean and Anne Dallases
v.
George Dallas

Date: 4 February 1743

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In a contract of marriage, the father of the bride bound himself to pay a sum of money, to the husband and wife in conjunct fee and liferent, and to the heirs whatsoever of the marriage.

The Lords unanimously found,—That the money belonged to the heir, and did not divide equally among all the children. Notwithstanding that, it was argued,—That heir-whatsomever is variously understood, according to the nature of the subject; and that here the subject was a moveable sum, and therefore, by heir-whatsomever, ought to be understood hæres in mobilibus, the executor : that there was a mutatio stili in the contract, which favoured this interpretation ; for, in the clause before, the land estate was provided to the heir-male of the marriage ; and, in this clause, the money is provided to the heir-whatsomever, which must be supposed to mean a different person, and not even the heir of line, but the whole children.