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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Margaret and Janet Craig v Maltsters of Glasgow. [1739] 2 Elchies 162 (13 February 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Elchies020162-011.html Cite as: [1739] 2 Elchies 162 |
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[1739] 2 Elchies 162
Subject_1 DEATH-BED
Date: Margaret and Janet Craig
v.
Maltsters of Glasgow
13 February 1739
Case No.No. 11.
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A disposition being made on death-bed to the granter's immediate heir, an infant, whom failing to the Maltsters of Glasgow; some of the Lords doubted if the judgment in Sir John Kennedy and Arbuthnot's case was right,* but agreed to reduce this disposition as in prejudice of the infant; and therefore the Lords found that this disposition was not only in prejudice of the remoter heir, but also in prejudice of the nearest heir at the time, she being an infant, and the estate being upon her failure even in infancy provided to a stranger, and therefore reducible ex capite lecti. But quazritur, will not even this decision justify that of Sir John Kennedy?
* Dict. No. 17. p. 3198.
The electronic version of the text was provided by the Scottish Council of Law Reporting