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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: Duff
v.
-
11 January 1745 Click here to view a pdf copy of this documet : PDF Copy
[Falconer, p. 90.]
Janet Duff got a bond from her father, payable “to her, or the heirs of her body, and assignees;” and in case she died without children, or without uplifting and disposing of the money, to Titius; which failing, &c. The question was, Whether she could test upon this bond? And the Lords found she could.
Lord Arniston thought that it was properly not a bond heritable by destination, since the substitution was not simple, as is usual, but only in a certain event; but, supposing the bond had been heritable destinatione, he and Lord Elchies and Lord Tinwald were of opinion, that it was testable, contrary to the opinion of Lord Dirleton.
The same was decided in the case of Jean Craik against Anne Napier, June 26, 1739. Adhered to unanimously, June 4, 1745.
The electronic version of the text was provided by the Scottish Council of Law Reporting