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Cite as: [1666] Mor 14848

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[1666] Mor 14848      
Subject_1 SUBSTITUTE AND CONDITIONAL INSTITUTE.

Fleming
 v.
Fleming

 Date: 3 July 1666
Case No. No. 6.

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A bond being conceived, payable to two persons, and, failing the one by decease, to the other, it was urged, That this was not properly a substitution, but a conditional institution, and therefore such clauses make not the survivor to represent the defunct, or to be liable for his debts. The Lords found, That, by this clause, the person substituted was heir of provision.

 Fol. Dic. v. 2. p. 397. Stair.

*** This case is No. 6. p. 13999. voce Representation.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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