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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Emilia Belchies, and Oliphant her Husband, v Sir Patrick Hepburn Murray. [1752] 2 Elchies 326 (22 December 1752) URL: http://www.bailii.org/scot/cases/ScotCS/1752/Elchies020326-018.html Cite as: [1752] 2 Elchies 326 |
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[1752] 2 Elchies 326
Subject_1 LEGACY.
Date: Emilia Belchies, and Oliphant her Husband,
v.
Sir Patrick Hepburn Murray
22 December 1752
Case No.No. 18.
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A legacy of L.300 by Mr Anthony Murray to his niece Emilia Belchies, payable the first term after her marriage, with L.15 sterling annuity from his death till the L.300 should become due, was presumed and found to be revoked by his granting a subsequent legacy, after she was married and had children, of L. 1200 sterling, payable the first term after his death, to her in liferent and her two sons in fee, in trust for themselves and all the other children she should have, secluding the husband's jus mariti and power of administration, whom failing, to the husband and his heirs of any other marriage, whom failing, to Mr Murray's own heirs and assignees; and the L.300 sterling found not due, though no mention made of it in the last deed. (See Dict. No. 27. p. 11361.)
The electronic version of the text was provided by the Scottish Council of Law Reporting