Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES BURNETT, LORD MONBODDO.

Sir Patrick Murray
v.
- -

Date: 22 December 1752

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[Fac. Col. No. 52.]

A man having granted a bond of provision of L.300 to his niece, payable at the first term after her marriage, and after his death, did afterwards, when his niece was married, make a settlement upon her and her children of L.1200, but without revoking the former provision of L.300:—The question was, Whether both were due? And the Lords found that only the last was due. Dissent. Kaimes and Justice-Clerk. Lord Elchies thought that the niece had no claim in strict law to the first L.300, as it was payable only in the event of her marriage, being after the death of the granter; and he thought she had no claim in equity, in respect of the last provision of L.1200; but the other Lords founded their opinion on the circumstances of the case, from whence they inferred a presumption that the granter did not intend she should have both provisions.