Scottish Court of Session Decisions

Subject_1 HEIRSHIP MOVEABLES.
Subject_2 SECT. II.

Who entitled to have Heirship Moveables.

Kincraigs
v.
Ayton

Date: 23 May 1542
Case No. No 9.

No heirship found due to the heir of a dignified clergyman who was not a prelate.

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In ane cause of airschip, movit be ane father, brother of Mr James Kincraigs, umquhil dean of Aberdeen, and Provost of the Kirkheugh of St Andrew's, against Mr John Ayton and his colleague, executors to the said Mr James, the Lords definitive decernit the pretendit air aught na airschip goods, because of the practique of Scotland na kirkman's (licet sit dignitate ecclesiastica) air

* At this place in Balfour, there is a long list of the particular articles which had been decided to be heirship moveables, which it would be superfluous to insert here.

aught airschip goods, but if the said air be servit air to him of some landis or rents; and the said Mr James's air was not air of any such lands, whilk the said Mr James had none when he deceist.

Fol. Dic. v. 1. p. 365. Sinclair, MS. p. 29.