[1744] 1 Elchies 201
Subject_1 IMPLIED WILL.
Walker
v.
Walker
1744 ,Dec .7 .
Case No.No. 5.
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Robert Walker disponed his effects to William Walker in 1707 extending to 1800 merks, and in case of William's death without children, ordered him to pay to several persons certain sums of money without saying further. Mary and Janet Walker were two of them, and died before William, and they having left children, the question was, Whether a substitution to them was implied? and we found that it was, agreeably to the decision mentioned, Innes against Innes, I think, in 1670, but especially 21st November 1738, T. Montrose against Robertsons, (No. 3. voce Warrandice.)
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