Scottish Court of Session Decisions

Subject_1 TERCE.

Edgar
v.
Edgars, &c

Date: 22 November 1627
Case No. No. 9.

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In the action pursued by Margaret Edgar, relict of umquhile David ———, and Walter Cant, her spouse, for his interest, against the bairns of the said umquhile Edgar, executor confirmed to him, and David Johnston and Edward Edgar, their tutors, it was found, That an assignation made by the defunct, on his death-bed, of certain sums of money addebted to him by Mr. William Maxwell of ———, debtor to the defunct, whereupon the assignee comprised the debtor's lands, to the behoof of the defunct's bairns, that the assignation being proved to have been made in lecto ægritudinis, should nowise prejudge the relict of her just part of the sum, or the assignee who had comprised the lands to the bairns’ behoof should make her assignee to the said part of the comprising.

Auchinleck MS. p. 236.