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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mackenzie v Mackenzies. [1777] 5 Brn 468 (29 January 1777) URL: http://www.bailii.org/scot/cases/ScotCS/1777/Brn050468-0471.html Cite as: [1777] 5 Brn 468 |
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[1777] 5 Brn 468
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 HEIR AND EXECUTOR.
Date: Mackenzie
v.
Mackenzies
29 January 1777 Click here to view a pdf copy of this documet : PDF Copy
The annuity to the widow is a burden upon the heir, unless it is laid clearly and expressly on the executor. This also is the case with all burdens bearing tractus futuri temporis.
In this case, “ The Lords found, that the annuity to the widow falls as a burden upon the heir, and not upon the executors, except in case of deficiency.”
See Fount., I. 783, Calder against Russell, 8th July 1697.
The electronic version of the text was provided by the Scottish Council of Law Reporting