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Scottish Court of Session Decisions >>
Donaldson v Doctor Brown of Dolphingston. [1694] Mor 471 (20 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Mor0200471-014.html Cite as:
[1694] Mor 471
Annat is a legal gratuity, not in bonis defuncti, or affectable by the minister's debts.
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The Lords found the patron's gifting a second stipend to the last minister's widow and children, was a pious use contained within the act of Parliament, if they dwelt in the parish at the time: And found they would not take cognition in what case the manse was at the minister's entry in 1664, so as to burden his executors after 29 years silence, though the legal prescription in these cases is only 40 years: And found the annat was a legal gratuity that could not be burdened with the minister's debt, not being in bonis defuncti. (See Manse.)
Fol. Dic. v. 1. p. 36. Fountainhall, v. 1. p. 611.
