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[1684] Mor 3411      

Subject_1 DECLARATOR.
Subject_2 SECT. II.

Gift of Ultimus Hæres, and of Bastardy.

Taylor
v.
-

Date: 25 February 1684
Case No. No 9.

A gift of bastardy was found not to require a declarator.


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The Lords, in the case of Doctor Taylor, servitor to the Dutchess of Portsmouth, ‘found that he, as a donatar to the bastardy, and ultimus hæres of——, had right, without a declarator.’——Though in Durie's time, and twice since the King's return, it is decided, that these gifts always need declarator, viz. 30th July 1662, Ross of Balnagoun, No 6. p. 3409; and 31st July 1666, Crawford, No 7. p. 3410.

Fol. Dic. v. 1. p. 228. Fountainhall, v. 1. p. 274.

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/1684/Mor0803411-009.html