Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1743/Elchies020257-018.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Whirter v Miller. [1743] 2 Elchies 257 (20 July 1743) URL: http://www.bailii.org/scot/cases/ScotCS/1743/Elchies020257-018.html |
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Subject_1 HUSBAND AND WIFE.
Date: M'Whirter
v.
Miller
20 July 1743
Case No.No. 18.
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A wife dying before her husband, if her children attain possession of her share of moveables, they need no confirmation, but they can test on them, and they will fall to the children's nearest of kin, and not to the mother's; and her eldest son having survived her five or six years, and till he was 25 or 26 years, and lived in family with his father; and it being proven that he had cattle of his own that he was in use to dispose of, separate from his father's; that was found sufficient evidence of his attaining such possession, and that defence sustained to the husband after his son's death, who left him universal legatar, against his wife's sister. Vide Nearest of Kin. (See Dict. No. 38. p. 14395.)
The electronic version of the text was provided by the Scottish Council of Law Reporting