Scottish Court of Session Decisions

Subject_1 PERSONAL and TRANSMISSIBLE.
Subject_2 SECT. I.

What Rights go to Heirs.

Dick of Grange
v.
His Aunts

Date: 4 January 1700
Case No. No 11.

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The cause, mentioned 16th February 1698, voce Succession, Dick of Grange against his Aunts, was this day determined. And the Lords, by plurality, found, seeing the late Grange was interpelled by the executors, and required by way of instrument to concur with them in confirming the testament, and he refusing during his lifetime, and contending to have the sums heritable, and so to be as his heir; his son cannot now recur and offer collation with the executors, seeing the jus conferendi then offered to him was rejected and repudiated by him, and so being extinct, did not transmit to his heir.

Fol. Dic. v. 2. p. 72. Fountainhall, v. 2. p. 78.