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Scottish Court of Session Decisions >>
Ruthven v The Executors of Freeland. [1612] Mor 4655 (1 February 1612)
URL: http://www.bailii.org/scot/cases/ScotCS/1612/Mor1104655-002.html Cite as:
[1612] Mor 4655
Effect of Forfeiture upon the Children of the Rebel.
Ruthven v. The Executors of Freeland
Date: 1 February 1612 Case No. No 2.
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The umquhil Laird of Freeland having left a legacy of one thousand merks to the bairns of Alexander Ruthven, his brother, the relict and executor of Freeland excepted against the bairns's pursuit, that their father being forfeited, and his posterity declared by Parliament disabled, they could have no action. It was replied, That the King had given them a tutor, acknowledging therein that their father, by his forfeiture, was unable to govern their person or goods. The Lords, considering that the tutory was passed under the cashet, and that those who were disabled by Parliament could not be rehabilitated but by the King of his certain knowledge, refused to grant any process at their instance.
