Scottish Court of Session Decisions

Subject_1 COURTESY.

Hamilton
v.
Boswell

Date: 15 June 1716
Case No. No 8.

Courtesy may have place where the defunct heiress was not habilely infeft.

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An heiress's infeftment, upon a service to her predecessors, being quarrelled by a reduction after her death, upon alleged nullities, in order to disappoint her husband of his right of courtesy, the Lords found, that the heiress's infeftment not having been quarrelled in her lifetime, was sufficient to support the courtesy, upon this ground of equity, that had it been quarrelled during her life, these nullities might and would have been supplied. See Appendix.

Fol. Dic. v. 1. p. 205.