Scottish Court of Session Decisions

Subject_1 DEATH-BED.
Subject_2 SECT. XIII.

Apparent Heir's Consent.

Reids
v.
Campbell

Date: 13 November 1728
Case No. No 107.

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An heir portioner, in her contract of marriage, having accepted a provision in lieu of all she could ask or crave through her father's decease, as this did not bar her from succeeding as heir ab intestato; so the father having disponed an heritable subject upon death-bed, it was not found to bar her from quarrelling the same, though it was pleaded to be equivalent to a consent to the death-bed deed; for the difference is great betwixt empowering one antecedently to do a deed which the law condemns as wrong, and acquiescing in it after it is done.

See Appendix.

Fol. Dic. v. 1. p. 220.