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Upon Sir Robert's death, Mr Berry consented to accept the conveyance to the heritable bonds, and drew the first year's interest after Sir Robert's death. He also signed a discharge of Sir Robert's obligation, which, however, was never delivered. Several children were born of the marriage between Mr and Mrs Berry. Mr Berry subsequently rejected the conveyance of the bonds, and betook himself to Sir Robert's obligation in the marriage-contract. He further alleged, that interest was due to him out of Sir Robert Henderson's estate, from the date of the contract of marriage in 1826.
Lord Glenlee .—I have no sort of doubt about adhering. If it had been intended that interest should be payable, as contended for, it should have been so stated in the contract. As no regular term of payment is expressed, no interest is due till the death of Sir Robert. I can only say, that so far as I have seen, Sir Robert was to pay nothing during his life.
Lord Ordinary, Jeffrey. Act. Dean of Fac. (Hope), Forsyth. Alt. Sol.-Gen. (Cuninghame,) Monteith. James Adam, S.S.C. and Gibson-Craigs, Wardlaw & Dalziel, W.S. Agents. T. Clerk.
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