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Scottish Court of Session Decisions >>
Murray v King's Advocate. [1502] Mor 1346 (18 February 1502)
URL: http://www.bailii.org/scot/cases/ScotCS/1502/Mor0401346-003.html Cite as:
[1502] Mor 1346
A Bastard's Relict has right to a share of his effects.
Murray v. King's Advocate
Date: 18 February 1502 Case No. No 3.
A bastard leaving a wife, but no children, the King's donatary has right to the whole heritage and heirship moveables; also to the half of the other moveables, under burden of the bastard's debts, funeral expences, &c. The relict has right to the remainder of the moveables.
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Gif ony man beand bastard deceissis, leivand behind him an lauchful wife without ony successioun, or bairnis, lauchfullie gottin of his bodie, the King, or his donatour, gif he ony makis and constitutis heir-anent, aucht and sould have the haill movabill airschip of the said bastard be itself; and alswa all and haill the unmovabill airschip, gif ony be; togidder with the ane half of the movabill gudis, quhilks pertenit to the said bastard at the time of his deceis, he findand sufficient cautioun to content and pay the debtis that wer awand by the said bastard, as accordis of the law, and as is ester specifyit; and als allowand the haill debtis and expensis maid and payit for the kirk richt, and at the burial of the said bastard, according to his faculty.
Balfour, (Bastard) p. 237.*** Spottiswood reports a similar case without names, dated 29th July 1566.
A Bastard deceasing, leaving behind him a wife, the King, or his donatar, will have the whole moveable heirship goods of the bastard by itself, with the whole immoveables; and the one half of all the other moveables pertaining to the bastard at his decease; he finding caution to pay the bastard's debts, as accords of the law, and allowing the expences of burial, &c.; and the relict the other half: And likewise, the King, or his donatar Who getteth the half of the bastard's moveable goods, will be subject in payment of the half of his debts; but, if he intromit with the half of the moveables, and with the wholes lands, he is obliged to pay the whole debts.
Spottiswood, (Bastardy.) P. 27.*** The same case, also dated 29th July 1566, and without names, is likewise reported by Sir Richard Maitland.
Anent the action pursued by a donatar of the escheat of bastardy of umquhile B. it was alleged be the wife of the bastard, That the said donatar sude have na mair but the half of the gudes of her husband, and she to have the other half; whilk allegeance of the said wife was found relevant. And als it was alleged be the said wife That the said donatar qha should have the half of the gear pertaining to the husband, should pay the half of the bastard's debts: Whilk allegeance of the said wife was also found, be interloquitor, that gif the King gat the half of the bastard's goods or lands, that the King shall pay the half of the debts awand be the bastard to whatsomever creditor.
