Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mackean v Mackeans. [1740] 2 Elchies 162 (15 January 1740) URL: http://www.bailii.org/scot/cases/ScotCS/1740/Elchies020162-012.html |
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Subject_1 DEATH-BED
Date: Mackean
v.
Mackeans
15 January 1740
Case No.No. 12.
Click here to view a pdf copy of this documet : PDF Copy
Bonds secluding executors cannot be annailzied on death-bed. (Har-carse's Decisions, 661.)† 2do, Lands taken to one and the heirs of his body, whom failing to another person as substitute, proviso, that the fiar might at any time etiam in lecto redeem from the substitute by payment or consignation of an elusory sum; and he having accordingly used an order of redemption 13th November, and upon the 30th November when he was on death-bed, disponed them to another; this last disposition found reducible at the heir-at-law's instance, though he was cut out of the succession by the substitution in the original right, because that substitution had been taken away by the order of redemption.
† Dict. No. 42. p. 3219.
The electronic version of the text was provided by the Scottish Council of Law Reporting