Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 YULE VACANCY.

The Countess Dowager of Errol,
v.
The Earl of Errol

Date: 17 January 1677

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The Lords having this day advised the point mentioned supra, in July, 1676, No. 492, § 5, whether, in debito annuo, the election should be made once for all, or quotannis; and the Lords found the Earl ought to choose either money or victual; and which of the alternatives he elected, it behoved to stand for the rule in all time coming, since it were very hard for the liferentrix that the fiar should give her money, when the victual sold at a high rate, and victual again when it was cheap. And assigned to him the 15th of February, betwixt and which the Earl should declare his option by a declaration under his hand to the clerk, to be inserted in the decreet; else they decerned for victual, the Countess electing that. The Earl elected victual.*

2do, In the other process betwixt them, whereby it was admitted to her probation that the mains of Essilmont paid victual, the Lords this day advising the depositions, found in respect of their unclearness, some deponing money, and some victual, the probation resolved in an equality, and therefore (as in causis dubiis) divided it into half money and half victual. See the information of it beside me.

The 3d process was the cognition anent the condition of the Tower of Essilmont,

* Vide L. 5. in princ. ibique Gothofredum in notis, D. De Legatis, 1mo; L.20, D. De optione legata.

she being charged by the Earl to uphold it as liferentrix, it being ruinous before her entry; of which, vide plura infra, No.

Advocates' MS. No. 533, folio 273.