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William Lockhart v The Legatee of John Lockhart, his Brother. [1677] Mor 3328 (11 December 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Mor0803328-110.html Cite as:
[1677] Mor 3328
Under Sentence of Death. - Effect of Reduction capite lecti. - Ratification upon Oath. - Sale for a Reasonable Price. - Equivalent benefit to the Heir.
William Lockhart v. The Legatee of John Lockhart, his Brother
Date: 11 December 1677 Case No. No 110.
Reduction upon the head of death-bed takes place only in time coming, and not quoad by-gone fruits and annualrents intromitted with by the disponee.
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Decided and found, a testament could not adminiculate a disposition of heritage, though it spoke his entix will, quia non egit, quod in se erat; they reduced a provision to his relict of 600 merks, in toto, because provided aliunde; but reduced only in time coming, and assoilzied from the bygone fruits and annualrents intromitted with by them; and found, in all sicklike sentences, they must only take place, for the future, where the contrary is not insert in the decreet.
