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Scottish Court of Session Decisions >>
Balfour v Scot. [1787] Mor 4617 (15 November 1787)
URL: http://www.bailii.org/scot/cases/ScotCS/1787/Mor1104617-113.html Cite as:
[1787] Mor 4617
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Part of the moveable estate of David Scot of Scotstarvet, being situated in England and part in Scotland, Miss Scot, the heiress of his land estate, claimed a share of the moveable estate; which was opposed by her sister and others, who, as nearest of kin, laid claim to the executry, and insisted, that if Miss Scot claimed any part thereof, she was bound to collate the heritage.—Answered, The law of collation is unknown in England; and by the law of that country, which must regulate the effects there situated, she is, although the heiress in heritage, entitled to her share of the executry.——The Lords found, That the succession to Mr Scot's personal estate in England falls to be regulated by the law of England, but that she could not claim the Scots executry without collating. See Succession.
Fol. Dic. v. 3. p. 223.
*** This case having been appealed, it was found, That Miss Scot was entitled to her share of the whole personal estate without collating, in respect that her uncle's domicil was in England.
