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Cite as: [1626] Mor 14877

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[1626] Mor 14877      

Subject_1 SUCCESSION.
Subject_2 SECT. II.

Succession of Moveables ab intestato.

Haliday
v.
Halidays

Date: 4 July 1626
Case No. No. 19.

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In an action against executors, alleged, The pursuers, executors to their father, can have no right to a deal or portion of their goodsirs, to whom the defenders are executors, because the pursuer's father died before. De action. Hæred. 5. Replied, The goodsir was obliged by the pursuer's father's contract of marriage, that their father, the time of the goodsir's decease, their own father, should have a deal and portion of his goods; and so the pursuers being the father's executors, and representing him, and on life, the time of the obliged goodsir's decease, have right to a portion and deal of his goods. Admits the reply.

Clerk, Durie. Fol Dic. v. 2. p. 398. Nscolson MS. No. 185. p. 132.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor3414877-019.html