Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XIX.
Where the Provision is not made by a Contrast of Marriage.
Russel v. Russel
Date: 10 March 1769 Case No. No 156.
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A father having granted a bond of provision, in favour of a second son, his heirs, executors, and assignees, payable at the first term after the death of the granter, the grantee predeceased his father. In an action, at the instance of a sister of the grantee, for payment of the bond, it was pleaded, That in donations mortis causa, the general rule, quod morte donatarii perit donatio, may be set aside by a clear indication of a different intention in the donor, which occurs strongly here. Answered, Bonds of provision to children are granted in implement of the natural obligation; and as soon as that ceases, by the death of the child, the provision falls. The adjection of heirs and assignees, which is customary in all bonds of provision, is not sufficient to entitle the extraneous heir of children, after the death of a father, to claim bonds, which, upon their predecease, he had omitted to cancel. The Lords found the bond not due.
Fol. Dic. v. 4. p. 186. Fac. Col.*** This case is No 36. p. 6372. voce Implied Condition.
