Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.

Fiars in Tailʒies.

BY a Contract of Marriage; Lands being given in Tocher and the Right thereof so conceived that they were Disponed to the Husband and the Gentlewoman in Conjunct-fee and Liferent, and to the Heirs of the Marriage: Whilk Failʒieing to the Heirs of the Husband his Body in any other Marriage: Whilk Failʒieing to the Womans Heirs and Assigneys whatsomever. Quaeritur, who is Fiar? Answer. That though where there is but one degree of Substitution, (viz. Failʒieing the Heirs of the Marriage the Womans Heirs) The Woman is Fiar; Because res pertinet ad eos quo∣rum haeredibus providetur: But where there are diverse Degrees of Sub∣stitution (as in this case) the Husband (cujus haeredibus maxime prospicitur) It is thought should be Fiar; Seing not only the Heirs of the Marriage got∣ten by him, But in the next degree his Heirs of any other Marriage are substitute: and in ultimis tabulis, The Wifes Heirs, and as Heirs of Pro∣vision to the Husband: and the Husband having given a Jointure, it is

thought to be in Lieu of the Tocher, and to belong to him as Fiar and not as simple Liferenter.

A Bond for a Sum of Money being granted to a Man and his Wife and longest Liver of them Two, and to their Heirs and Assigneys secluding Executors: And the Wife having survived the Husband, and a Bairn being likewise on Life of their Marriage: Quaeritur, Whether the Relict will be Fiar?

If a Bond be granted to Two Brothers in the terms foresaid, and one of them deceasing having left Children, and the other surviving having also Children: Quaeritur, who is Fiar?