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Subject_1 HUSBAND AND WIFE.
Date: Dunbar
v.
Caithness
20 June 1744
Case No.No. 22.
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When a moveable succession devolves to a married wife, whereof a part is heritable quoad fiscum et relictam, the interest of the husband is regulated according to the state of effects and debts, when the succession devolves, without respect to alterations made in them afterwards by the executor, by uplifting bonds bearing annualrent, or innovating them, or what effects he applied for payment of the debts heritable or moveable; and a provision in the defunct's contract of marriage to employ a sum on annualrent to himself in conjunct fee and liferent, and to the bairns of the marriage, whom failing, a part of the principal sum to be at the wife's disposal, and there being no bairns; both the wife's liferent and the sum at her disposal, deducted out of that part of the succession that was heritable quoad fiscum et relictam.
The electronic version of the text was provided by the Scottish Council of Law Reporting