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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Paterson and Miller v Paterson. [1741] 1 Elchies 241 (4 June 1741) URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies010241-009.html |
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Subject_1 LEGACY.
Paterson and Miller
v.
Paterson
1741 ,June 4 .
Case No.No. 9.
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A man by a testamentary deed having made a trust-deed for the use of certain legatees, and obliged the trustees to pay to the legatees after-mentioned, their heirs executors and assignees, the sums of money after specified, and then names the legatees and sums, and among the rest Charles Paterson 1000 merks without adding the heirs executors or assignees to any of them; this Charles died before the testator, and the Lords found that the legacy fell by his death by a majority; 2dly, they found no place for jus accrescendi; 3dly, that the wife's share of the household plenishing, so far as they were extent at the husband's death must abate from the legacy of household plenishing.
The electronic version of the text was provided by the Scottish Council of Law Reporting