Scottish Court of Session Decisions

Subject_1 FIAR.

Claim, Alexander Hay, on the Estate late of John Hay

Date: 27 June 1750
Case No. No. 9.

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By the marriage-contract betwixt John Hay and Ann Elphingston, she disponed certain lands to him and her in conjunct fee and liferent, and to the heirs of the marriage in fee, whom failing, to his heirs and assignees, and made over to him a considerable estate, and other subjects, which he became bound to employ on land, or bond bearing annualrent, to himself in liferent, and to the heirs of the marriage in fee, whom failing, to his own heirs and assignees, with certain powers and faculties over this last mentioned subject to the wife, in case there were no heirs of the marriage. She died before the rebellion, and he being now forfeited, his son claimed the whole, either in his own right, or as heir to his mother, and insisted that the land-estate flowing from her, she remained fiar by the contract; but we dismissed the claim as to both branches of it.