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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Procurator Fiscal of the Commissariat of Edinburgh v Thomas Fairholm. [1665] 1 Brn 511 (23 June 1665) URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn010511-1343.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: The Procurator Fiscal of the Commissariat of Edinburgh
v.
Thomas Fairholm
23 June 1665 Click here to view a pdf copy of this documet : PDF Copy
The procurator-fiscal of the commissariat of Edinburgh having, upon general letters, charged Thomas Fairholm to confirm Alexander Benstoun's testament, it was alleged for the said defender, That he had a disposition from the said defunct, and therefore needed not confirm. To which it was answered, Ought to be repelled, unless tradition had followed.
The Lords found the letters orderly proceeded, and ordained the suspender to confirm; and found all dispositions of moveables made in lecto null, non secuta traditione; without prejudice to the party in whose favours the disposition is made, to protest, that his confirmation shall not prejudge him of his right of the disposition, but that the same shall stand valid against any other nearest of kin.
Page 29.
The electronic version of the text was provided by the Scottish Council of Law Reporting