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URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor2008176-014.html
Cite as: [1686] Mor 8176

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[1686] Mor 8176      
Subject_1 LEGITIM.
Subject_2 SECT. III.

Children have right to Legitim proprio jure.

Yeaman
 v.
Yeaman

Date: 12 March 1686
Case No. No 14.

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Children surviving their father, transmit their legitim to their nearest of kin, though they die without confirmation.

 Fol. Dic. v. 1. p. 544. Fount. Harc. Sir P. Home.

*** This case is No 54. p. 5484., voce Heritable and Moveable.

 *** Harcarse reports this case:

Found that a legitim transmits without confirmation, (which is aditio hæreditatis in moveables) as the consequence of jus suitatis; but that the interest of nearest of kin requires to be transmitted by confirmation.

 Harcarse, (Executry.) No 470. p. 128.

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/1686/Mor2008176-014.html