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Subject_1 Succession Subject_2 Fee and Liferent Subject_3 Fiduciary Fee Subject_4 Intestacy. Facts: By mortis causa conveyance a testator disponed certain heritable estate to and in favour of his two sons, W. and A., “equally between them, and failing either of them without lawful issue, to the survivor of them, the lawful issue of the predeceaser always coming in place of their parent, iii liferent and for their liferent use allenarly, and to their lawful children equally among them, share and share alike, in fee.”
A. died in 1891 without having had issue. He was predeceased by W. and by W.'s children, but one of W.'schildren left issue, who were alive at A.'s death.
Held ( diss . Lord Kinnear) that each of the liferenters took a fiduciary fee for his own issue exclusively, and that, A. having died without issue, the share liferented by him fell into intestacy at his death, and belonged to the heir-at—law of the testator.
David M'Haffie, hereinafter called David M'Haffie, primus , was the proprietor of several landed estates, including the lands of Skeoch and Overton, in Ayrshire.
David M'Haffie, primus , died in 1837, and after his death an instrument of sasine was expede in favour of the liferenters and their children in terms of the destination.
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