Scottish Court of Session Decisions

Subject_1 COLLATION.

Sinclair and Heriot
v.
Sinclair and Redpath

Date: 19 February 1695
Case No. No 11.

Found in conformity with No 6. p. 2368.

Click here to view a pdf copy of this documet : PDF Copy

Halton reported Sinclair and Heriot contra Sinclair and Redpath. Two nieces of Mr Robert Sinclair, minister at Dirleton, were competing, as nearest of kin. The eldest being married in his lifetime, in her contract of marriage he obliged himself to pay 4000 merks of tocher with her; and he dying before the second was married, in the division she also craved to have the like sum allowed to her, at least that her sister should collate her 4000 merks; seeing she being co-heir confusione tollebatur obligation.—Answered, Quoad that I am a creditor, and must deduct it jure præcipui out of the whole; and you can only have the half of the rest.——The Lords found, That the 4000 merks was to be repute a, debt of Mr Robert's, and as his goods divided equally, so also his debts, and consequently each of them paid the half of it; which made the eldest to have 2000 merks more than the youngest.

Fol. Dic. v. 1. p. 148. Fountainhall, v. 1. p. 671.