P. 15, (near middle), transpose McKenzie' to the end of the preceding line.

THE CASES

DECIDED IN

THE COURT OF SESSION,

WINTER 1821-1822.

W. M. SPALDING and TUTOR.-A. Murray.
A. SMALL and Others.-Small Keir.
Competing.

Clause. The estate of Ashintully having been judicially sold, George Spalding, as heir-at-law, (failing a fatuous heir), had right to the reversion of the price. In his daughter's contract of marriage with Small, he bound himself to convey to him and others a proportional share of the reversion of the estate ' of Ashintully that has already or may happen to 'fall unto him or his family.' For many years the reversion of the price remained in the hands of the purchaser, and the accruing interests were drawn for the fatuous heir, still in apparency. The widow of the party last infeft had a claim for terce, which formed a burden on the reversion. Both the fatuous heir and the widow having died, a multiple

K

No. 157.

Nov. 13, 1821. FIRST DIVISION. Lord Gillies.

D.