You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Baillie v Sommervill. [1677] Mor 2987 (11 January 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Mor0702987-039.html Cite as:
[1677] Mor 2987
Condition, whether to be understood Copulative or Disjunctive.
Baillie v. Sommervill
Date: 11 January 1677 Case No. No 39.
Click here to view a pdf copy of this documet : PDF Copy
There being a provision in a contract of marriage in these terms, that 5000 merks of the tocher should return to the father-in-law, in case his daughter should decease before her husband, within the space of six years after the marriage, there being no children betwixt them then on life; and in case the father-in-law should have heirs male within the space of six years after the marriage;
The Lords found the said provision copulative; and that the tocher should not return, albeit the father-in-law had heirs male within the foresaid time; seeing the other member of the said condition did not exist; in respect, albeit his daughter deceased within the said time, yet she had a child of the marriage that survived.
Reporter, Gosford.Clerk, Hay.
Fol. Dic. v. 1. p. 191. Dirleton, No 423. p. 210.
