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Subject_1 PROVISION TO HEIRS AND CHILDREN.
Sarah Ewing
v.
Thomas Miller
1747 ,July 1 .
Case No.No. 9.
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A man having in his contract of marriage provided his estate to the heirs-male of the marriage, and failing them provided portions to the daughters and heirs female of the marriage; there was a son of the marriage who predeceased, leaving a daughter. She pursued her aunts, to whom her grandfather had given his estate, for payment of the provision in the contract as heir-female of the marriage; but as men do not usually in their marriage settlements provide portions to their grand-daughters, we thought that grand-daughters were not meant by this clause, and therefore assoilzied.
The electronic version of the text was provided by the Scottish Council of Law Reporting