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Scottish Court of Session Decisions >>
Earl of Errol v N. [1541] Mor 1347 (3 March 1541)
URL: http://www.bailii.org/scot/cases/ScotCS/1541/Mor0401347-004.html Cite as:
[1541] Mor 1347
A Bastard's Relict has right to a share of his effects.
Earl of Errol v. N
Date: 3 March 1541 Case No. No 4.
If the bastard was married, and died without children, the gift of bastardy carried only the one half of the goods; the other belonging to the wife.
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The Lords decerned in a cause of a gift of bastardy, granted by the King to the Earl of Errol, of the escheat of N.; that the said gift could not extend but to part of the moveable gear that ought to pertain to the man, and he had not been bastard; and therefore decerned his wife M. so to have the half of the goods, because the man died without bairns; and therefore, of the practiques, the one half of the gear ought to pertain to her: And so the King allowed but the one half that pertained the man.
