Scottish Court of Session Decisions

Subject_1 KIRK PATRIMONY.
Subject_2 SECT. I.

Nature of this species of Property.

Slewman
v.
Town of Edinburgh

Date: 11 June 1568
Case No. No 7.

A gift of a benefice the entry to which is appointed to be at the death of the present incumbent, found null.

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Anent the action pursued by Mr Alexander Slewman chaplain, against the Town of Edinburgh, who troubled him in a benefice of alterage in St Giles's kirk, given to him by the King, and given under the Privy Seal, conform to the use at that time; it was alleged by the said pursuer, That the Town troubled him in the uptaking of the profits of the said benefice; and, if he had any, desired the same to be produced by him before the Lords, who produced a gift under the Privy Seal of the said benefice, given, as said is, to the said pursuer by the decease of the last possessor thereof, when it shall happen him to decease, or to demis the same. It was alleged by the Town, That the gift was null in itself, and given against all law, because the possessor was not dead at the time of the giving of the gift, nor yet two years after, or thereby, nor yet demitted the same before his decease; which allegeance of the Town was found relevant; and found, that all gifts of benefices given in manner above written, are against all laws and not to be admitted.

Fol. Dic. v. 1. p. 528. Maitland, MS. p. 186.