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Scottish Court of Session Decisions >>
The Earl of Kelly v Theodore Beatton. [1666] Mor 15887 (13 July 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor3615887-020.html Cite as:
[1666] Mor 15887
A pensioner dying before Whitsunday, the Lords found, that his representatives had no right to that crop, in the course of which he died. The cases of a pensioner and a life-renter as similar.
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Theodore Beatton having assignation to a life-rent pension from Sir James Scot of some part of the Kings-barns, and Sir James dying before Whitsunday, the Earl of Kelly having got a three nineteen years tack from the King's Majesty of the same lands, it was alleged by Theodore Beattoun, that Sir James Scot's right being a pension, whatever time of the year Sir James died in, he behoved to have right to that year's duty as if he had survived both the Whitsunday and Martinmas terms of that crop. The Lords found that Theodore had no right to that crop wherein the defunct died, having deceased before the term of Whitsunday; and found no difference betwixt a pensioner and a life-renter.
