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Turnbull, in his testament, burdened his Executor with a provision of 2000 merks to a niece, in liferent, and to her children in fee. The niece had several children, who all outlived the testator, but predeceased their mother. After the mother's death, it was urged for the heir, That the legacy had fallen. The Lords found the legacy had not fallen, as the persons in whose favour it was conceived, had all outlived the testator, and that it now belonged to the nearest of kin to the children of the niece.
