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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robertson v Kerr [1742] 2 Elchies 331 (2 June 1742) URL: http://www.bailii.org/scot/cases/ScotCS/1742/Elchies020331-006.html Cite as: [1742] 2 Elchies 331 |
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[1742] 2 Elchies 331
Subject_1 LEGITIM.
Date: Robertson
v.
Kerr
2 June 1742
Case No.No. 6.
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In the case William Robertson and Mrs Jean Kerr, voce Mutual Contract, the Lords sustained the pursuer's claim of a legitim in right of his nephew Major Robertson's son now deceased, and found that claim not barred by the testament naming the son executor and universal legatee, in respect of the substitution by which they thought the son limited, that he could not alter during minority, and they thought the father could not so limit him in the legitim. (See Dict. No. 34. p. 8202.)
The electronic version of the text was provided by the Scottish Council of Law Reporting