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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Kenneth M'Kenzie and his Factor, Petitioners. [1749] Mor 5353 (12 July 1749)
URL: http://www.bailii.org/scot/cases/ScotCS/1749/Mor1305353-022.html
Cite as: [1749] Mor 5353

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[1749] Mor 5353      

Subject_1 HEIR CUM BENEFICIO.

Sir Kenneth M'Kenzie and his Factor, Petitioners

Date: 12 July 1749
Case No. No 22.

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Sir Kenneth M'Kenzie of Grandvile, happening to be in Minorca when his brother Sir George M'Kenzie died without issue, as soon as he got notice of his brother's death, sent instructions to his friends in Scotland, to make up his titles in the proper manner, so as to save his person and proper effects from the defunct's debts. Accordingly inventaries were sent him to be signed in order to his service as heir cum beneficio; but by certain disappointments, these inventaries not being returned signed till the year was out, application was made in the name of Sir Kenneth and his factor for the authority of the Lords to the Sheriff to take in and record the inventaries; which the Lords ‘granted,’ reserving to all parties having interest to object to the effect thereof as accords.

Kilkerran, (Heir cum beneficio.) No 6. p. 240.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1749/Mor1305353-022.html