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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Borthwick v Trades Maiden Hospital. [1737] 1 Elchies 130 (28 June 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies010130-002.html Cite as: [1737] 1 Elchies 130 |
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[1737] 1 Elchies 130
Subject_1 FACULTY.
Borthwick
v.
Trades Maiden Hospital
1737 ,June 28 .
Case No.No. 2.
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The Lords altered the Lord Ordinary's interlocutor and preferred the Hospital. The most of us thought that the reserved faculty to burden being limited to the husband's consent she could not burden after his death;* 2do, that a faculty to burden did not give power totally to alter. Vide the Informations, where the general question is treated of faculties and prohibitions, whether majori inest minus aut e contra; and the decision Hope-ton against Keith concerning a tailzie is mentioned.
* Read in the text here, “with” not “without.” The same contraction in the manuscript is sometimes used for the one, sometimes for the other of these words.
The electronic version of the text was provided by the Scottish Council of Law Reporting