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The King v William Cairns, Nephew and Heir to umquhile John Cairns. [1488] Mor 8517 (7 March 1488)
URL: http://www.bailii.org/scot/cases/ScotCS/1488/Mor2008517-003.html Cite as:
[1488] Mor 8517
The King v. William Cairns, Nephew and Heir to umquhile John Cairns
Date: 7 March 1488 Case No. No 3.
The heir having married while his predecessor was on death-bed, this was considered to be a fraudulent attempt to disappoint the superior, and the avail was found due.
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Gif ony man haldan land be service of ward and relief of his superior, happin to contract or marie his sone and air on his death-bed, intending thairby to defraud the superiour of the proffeit of his air's mariage, and he happen to deceis of the samen seiknes, being vest and saisit in the lands; his air, efter his deceis, sall nevertheless content and pay to the said superiour the single avail allanerlie of his marriage; because his predecessour held his lands be service of ward and relief, as said is, and deceis saisit in the samen, and thairfoir the proffeit of his air's mariage wald have pertenit to his superior throw his deceis, gif he had not fraudfullie contractit the samen upon his death-bed.
Fol. Dic. v. 1. p. 570. Balfour, (Marriage of Heirs.) No 15. p. 247.
