Heritable and moveable – A bond taken to a man and his wife in life-rent, and to their daughter in fee, and failing her by decease to the husband, his heirs, executors, or assignees; found to be moveable, that being but one substitution.
Tutor and Pupil – A tutor having taken a heritable bond, in corroboration of a personal one payable to the pupil and her issue, whom failing to three aunts, her nearest in kin nominatim; it is found that he acted warrantably.
Succession – The three aunts having neither confirmed nor served themselves heirs, but one or them, who survived, being according to the tenor of the said heritable bond entitled thereto, assigned the same; in a question between the assignees and the heir, who was then also nearest in kin or the deceased pupil, the assignation is supported.
[1719] UKHL Robertson – 216, (1719) Robertson 216
Bailii
Scotland
Contract
Updated: 18 December 2021; Ref: scu.553530