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Confirmation of Wedderburn's Testament. [1688] 3 Brn 684 (21 July 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn030684-1059.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 21 July 1688
Confirmation of Wedderburn's Testament
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It was agitated where Wedderburn of Gosford's testament should be confirmed: whether at Edinburgh, as the communie patria of all Scotsmen dying abroad, (he being drowned at Calis;) or at Dunkeld, within which diocese his lands, and the haill parish of Aberlady, lie. And they contended, that the 88th Act 1426 was only of such who were abroad animo remanendi; which he was not, but only travelling with a design to return; and that the domicile is mainly considered: as was found in the late Earl of Panmuire's case, who died at Edinburgh, where he had resided six months; yet the Commissary of Brechin carried it, because his family was there.
