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Scottish Court of Session Decisions >>
Marion Henderson v David Henderson. [1728] Mor 8187 (#date June 1728)
URL: http://www.bailii.org/scot/cases/ScotCS/1728/Mor2008187-024.html Cite as:
[1728] Mor 8187
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Claud Henderson had a son and three daughters; the eldest, in her contract of marriage, accepted a provision in satisfaction; the son obtained a general disposition from his father of all his effects, with the burden of certain provisions to the two youngest daughters. After the father's decease, the second daughter ratified the disposition to her brother, accepted of her provision, and renounced any claim she had of legitim; the youngest neglected her provision, and took herself to her claim of legitim. The Lords found, That the eldest daughter being forisfamiliated before the father's decease, the brother could claim no share nor interest in the legitim upon her account, and that the second daughter not being forisfamiliated the time of the father's decease, had right to a share of the legitim, and did, by her ratification and renunciation, communicate her share to her brother. See Appendix.
