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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Lawrie v Janet Lewis. [1736] 2 Elchies 321 (13 February 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies020321-001.html |
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Subject_1 LEGACY.
Date: James Lawrie
v.
Janet Lewis
13 February 1736
Case No.No. 1.
Click here to view a pdf copy of this documet : PDF Copy
One in his testament named an executor, and left certain legacies, particularly one of 2000 merks to his nephew an infant, which he ordained to be paid at his majority, and appointed his executor, tutor and curator to him during minority, to oversee the right management of him and to put him to a trade therewith; and then follows this clause of return:
“And notwithstanding of the legacy hereby left by me to him, I hereby ordain the same legacy to return back to my said executor and his heirs, in case the said Robert decease without heirs lawfully procreated of his own body.”
The legatee afterwards assigned this legacy upon his death to his mother and aunt, which the Lords sustained, notwithstanding the clause of return.
The electronic version of the text was provided by the Scottish Council of Law Reporting
