The fee of lands taken to a father in liferent, thereafter to his son in liferent, and his heirs-male, whom failing, the father's heirs in fee, found to be in the father, and after his death, in the son.
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Neil Campbell of Dunstaffnage, in the contract of marriage of Angus Campbell, his son, became bound “to provide his lands and estate of Dunstaffnage in favour of himself in liferent, and after his decease to and in favour of the said Angus Campbell, his son, in liferent; and the fee of the same, after both their deceases, to the heirs-male of the said Angus Campbell his body, of that or any subsequent marriage; which failing, to the said Neil his heirs-male, according to the rules of succession, established by his rights and infeftments thereof.”
In an action for reducing certain provisions, granted by Neil Campbell, as contrary to the terms of this contract, brought in name of a trustee for Angus, it was admitted, that, had the estate been taken to the father in liferent, and to the son in fee, the father must have been held to be divested of the fee, in terms of the decisions quoted in the Dictionary, voce Fiar; but it was contended, that, as only a right of liferent was provided to the son, so, lest the fee should be in pendente, it of necessity subsisted in the father.
‘The Lords found, that the fee was in the father, and, after his death, in the son.’
Reporter, Pitfour.Act. Ro. Campbell.Alt. Montgomery.
Fac. Col. No 28. p. 246.
