A contract, disponing to a wife the half of insight plenishing, houshold furniture, and other moveable goods, was found not to comprehend nomina.
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Frances Ker relict of William Lindsay of Wauchop, writer in Edinburgh, pursued John Young writer there, her husband's executor and trustee, for that by their contract of marriage, he had disponed to her, in case she survived him, “the just and equal half, and if there were no child of the marriage in life at his death, the whole of the insight plenishing and houshold furniture, and other moveable goods that should be in his possession, or in common betwixt them the time of his decease, if he should be the first deceaser”.
The question was, Whether such nomina as fall under the communion between man and wife, were due to the pursuer in virtue of this clause?
The Lords found nomina not comprehended.
Reporter, Lord Monzie.Act. A. Macdowal.Alt. Moncrief.
D. Falconer, v. 1. p. 79.
