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[1627] Mor 2702      
Subject_1 COMPETENT.
Subject_2 SECT. III.

Is Reduction requisite of Decrees-dative?

Ross
 v.
Kellie

Date: 27 February 1627
Case No. No 9.

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A defunct's only child pursuing her stepmother as executrix, for her bairn's part, viz. the third of all, the Lords sustained this action, although there was a standing confirmed testament, where the division was only made bipartite; but they found no necessity of reduction here, because the daughter was not called to the said confirmation.

 Fol. Dic. v. 1. p. 169.

*** See The particulars of this case, No 2. p. 2366.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor0702702-009.html