Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1762/Brn050887-1098.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Catharine Craig v James Wilson. [1762] 5 Brn 887 (26 February 1762) URL: http://www.bailii.org/scot/cases/ScotCS/1762/Brn050887-1098.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONBODDO.
Date: Catharine Craig
v.
James Wilson
26 February 1762 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, III. No. 89.]
In this case the Lords found unanimously that no legacy left in a testament, though made in liege poustie, could prejudice the heir's right of relief of moveable debts, any more than the children's legitim, or the wife's jus relictæ. This was decided upon the authority of Lord Stair, lib. 3, tit. 4, p. 31, and of a decision, Lord Colvil against Lady Colvil, 14th December, 1664, and of Marion Henderson against Hugh Campbell, observed by Lord Kaimes in his private collection.
The electronic version of the text was provided by the Scottish Council of Law Reporting