Scottish Court of Session Decisions

Subject_1 HEIR CUM BENEFICIO.

Menzies
v.
Dickson

Date: 13 November 1742
Case No. No 20.

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Menzies of Coulterallers disponed his estate to Dickson of Kilbucho. Upon Coulterallers's death, Robert Menzies his heir, brought a reduction of Kilbucho's disposition, upon the ground that Coulterallers having never made up proper titles to that estate, was not in a capacity to dispone.—Answered, That the pursuer being served heir cum beneficio inventarii to the disponer, could not quarrel the disposition.—The cause being heard in presence, the Lords found, That the service cum beneficio did not bar the pursuer from insisting in his action. See Appendix.

Fol. Dic. v. 3. p. 261.