What subjects fall sub communione bonorum et debitorum.
Subject_3 SECT. II.
Bonds containing Substitutions. - Bonds bearing Annualrent. - Bonds having clauses of Infeftment. - Bonds assigned before Marriage, though not intimated. - Bond to the Widow's Fund. - Arrears of taxes due by a Minister.
Executors of Captain Craig v. His Relict
Date: 22 November 1748 Case No. No 18.
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A person took a bond, on the 23d May 1744, for a certain sum, payable at the term of Martinmas thereafter, with the interest of the principal from the Whitsunday preceding, to the term of payment, and yearly thereafter during the not payment. The creditor having died before Martinmas, the question occurred between his relict and executors, whether the bond was moveable quoad relictam. The Lords found, that as neither the principal sum, nor the first term's annualrent, became payable at the time of the first creditor's death, the bond fell under the jus relictæ.
Fol. Dic. v. 3. p. 278. Kilkerran, D. Falconer, & Rem. Dec.
