Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

William Lockhart
v.
John Lockhart, Legatee

Date: 11 December 1677

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The Lords, after advising the probation, reduced the disposition granted by John Lockhart, as done in lecto, and in prejudice of William, his brother and heir; for though he went to kirk and market, yet it was supported; and repelled their decreet of declarator, finding that he granted that disposition in liege poustie, because the witnesses were not then examined upon this interrogatory, Whether he went supported, yea or not. Vide supra, in December, 1672, Boyd and Cleilland of Faskein, No. 379; item, Balmerino and Couper, in February, 1670.

John Lockhart had disponed much of his estate to outed ministers, and other pious uses, which all fell by his reduction. William was at this time lurking, in regard of the error he had committed with Dalhousie's sister, and yet refused to marry her.

Advocates' MS. No. 677. folio 311.