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Scottish Court of Session Decisions >>
Kennedy v Kennedy. [1723] Mor 9441 (2 January 1723)
URL: http://www.bailii.org/scot/cases/ScotCS/1723/Mor2309441-024.html Cite as:
[1723] Mor 9441
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Hugh Kennedy disponed his estate upon death-bed in favour of his son, and failing him, to Sir John Kennedy. After the son's death, this deed being called in question by Hugh Kennedy of London, a remote heir, Sir John Kennedy alleged, That the son, apparent heir at the time, had homologated the deed, which made it unquarrellable by any remoter heir; and he produced a missive letter in these words:
“Depend on it, I shall adhere to that right my father made failing me in your favour; and that you may give the more credit to what I here aver, I have made no other title to my estate, but have used the same as my evident.”
It was pleaded, That this did only import a resolution, but no direct ratification or homologation; which accordingly the Lords found. See Appendix.
