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Scottish Court of Session Decisions >>
Robert Allan v Thomas Allan. [1681] 3 Brn 413 (25 November 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030413-0590.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Robert Allan v. Thomas Allan
Date: 25 November 1681
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Mr Robert Allan pursues Mr Thomas Allan, minister at Wachopdale, his father, to extend and perfect a minute of disposition, granted by his father to him, of some lands in Musselburgh.
Alleged,—It was but a donation made by a father to his son for a provision, when he was in the cradle; and so he might alter, and revoke, and dispone it to other children, or to a second wife: which he had done. Answered,—It contained no power or faculty to alter; and this would expose men delinimentis novercalibus, to wrong and defraud the bairns of the first marriage; ll. 2, 3, and 4. D. de Inoff. Testamento.
This being reported, the Lords repelled the defender's allegeance, and decerned the father to extend the said minute, by granting an ample disposition of these lands to his son, now pursuer.
