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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Chancellor Of Skeilhill v Chancellor. [1742] 1 Elchies 435 (2 December 1742) URL: http://www.bailii.org/scot/cases/ScotCS/1742/Elchies010435-008.html |
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Subject_1 SUCCESSION.
Chancellor Of Skeilhill
v.
Chancellor
1742 ,Dec. 2 .
Case No.No. 8.
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The question was, Whether a brother succeeding as heir to his sister to whom another sister was executrix, might collate the heritage with the executry with his sister; or if that collation was only competent in succession to the father, and limited to the legitim, as the executrix alleged? and 2dly, Whether in a collateral succession the heir may take the heritage and likewise the half of the executry as nearest of kin? But the Lords unanimously refused both the heir and executrix's petition, and adhered to the Ordinary's interlocutor finding that the heir might collate; and that upon collation he was entitled to the half of both heritage and executry.
The electronic version of the text was provided by the Scottish Council of Law Reporting