Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 WINTER SESSION. - Anni 1973.

Anent the Viscount of Oxenfuird's Case

Click here to view a pdf copy of this documet : PDF Copy

The Lords found long ago, in the Viscount of Oxenfuird's case, anno 1664, that money lying beside him at his death, because of the destination of it, per voluntatem patrisfamilias et domini, to be the price of land which he had bought on his death-bed to evict his lady's terce, (he had more need to have been thinking on another thing,) was heritable, and no third due furth thereof to the relict, and the other two parts of the executors, but that all fell to the heir. See, in my Compend of the Decreets.

Advocates' MS. No. 471, § 2, folio 243.