BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Maxwell of Gribtoune v James Maxwell. [1649] 1 Brn 444 (26 December 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010444-1194.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: John Maxwell of Gribtoune
v.
James Maxwell
26 December 1649 Click here to view a pdf copy of this documet : PDF Copy
In the suspension, John Maxwell of Gribtoune, whose father was executor to the Lord Herreis, his own father, against James Maxwell, his uncle, who had obtained decreet against him for his portion natural, there was a reason, That, of the sum of £16,000 confirmed, he could only have a proportional part, according to seven or eight children, of the half of the testament; seeing, before the act 1617, the executor gained the dead's part; except they could show the schedules mentioned in the foresaid testament, whereby the father left legacies to his bairns. And here was controverted, That the daughters married out of the house could not come in to have a proportional part, as being forisfamiliated; except their contract of marriage did bear that they should be bairns of the house, notwithstanding the tocher given; likeas, mention was made de collatione dotis. Whereanent the Lords would have practiques to be produced. The other reason, That the Lord Herreis was rebel, and his escheat disponed to Andrew Ker of Fentoune, whereon he obtained general declarator, was repelled; because, after that general declarator, the foresaid executor confirmed his father's testament above mentioned, so that Andrew Ker his gift and declarator seemed to be to the bairns' behoof; neither could the blank assignation, purchased from Andrew Ker, eighteen years after, by the Lord Herreis, purge the negligence of the executor, who should have done diligence in executing the testament for his brethren's use, against the said Lord Herreis, as intromitter.
Page 113.
The electronic version of the text was provided by the Scottish Council of Law Reporting
