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Cite as: [1793] Mor 2963

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[1793] Mor 2963      
Subject_1 CONDITION.
Subject_2 SECT. I.

Si Sine Liberis.

Oliphant
 v.
Oliphant

Date: 10 December 1793
Case No. No 19.

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An heir under an entail, which contained a reserved faculty, of providing younger children to a certain extent, having exercised that faculty to its full extent, by granting a bond of provision in favour of two daughters, then his only younger children; afterwards married again, and died without making any alteration on the bond of provision. A posthumous child being born of this second marriage, the Lords found the child entitled to her share of the bond of provision.

 Fol. Dic. v. 3. p. 158. Fac. Col. No 63. p. 138.

*** See The particulars, voce Implied Will.

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

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URL: http://www.bailii.org/scot/cases/ScotCS/1793/Mor0702963-019.html