Scottish Court of Session Decisions

Subject_1 HEIRSHIP MOVEABLES.
Subject_2 SECT. II.

Who entitled to have Heirship Moveables.

Monro
v.
Monro

1730. February.
Case No. No 25.

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A man having purchased an estate, took the infeftments of the same to himself and spouse in conjunct-fee and liferent, and the heirs of the marriage in fee; whom failing, to the longest liver of him and his spouse and their heirs and assignees. There happened to be no heirs of the marriage, whereby the wife surviving, fell to have right to the lands in virtue of the said provision; but she also dying without being served heir of provision, it was questioned betwixt her heir and executor, Whether she could have heirship moveables? It Was argued for the heir, That a conjunct-fee in the person of a relict, has all the effects of a simple and absolute fee, excepting the power of alienation. It was argued on the other side, That such a conjunct-fee resolves merely into a liferent which is but a servitude; and with respect to which, there can neither be an heir nor heirship moveables.——The Lords found no heirship moveables due. See Appendix.

Fol. Dic. v. 1. p. 365.