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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Aberdeen Chancellor v Anne Pitcairn. [1682] Mor 2209 (00 December 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor0602209-067.html
Cite as: [1682] Mor 2209

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[1682] Mor 2209      

Subject_1 CITATION.
Subject_2 SECT. XV.

Citation in Declarator of Escheat.

Lord Aberdeen Chancellor
v.
Anne Pitcairn

1682. December.
Case No. No 67.

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Found that in a general declarator of a defunct's escheat, all the nearest of kin of the same degree, who had interest in the executry, ought to be called, and that it was not enough to call the relict, who had right in law to the half, there being no children; because some of the nearest of kin might produce a discharge of the debt, the ground of the horning, which would exclude the escheat as to any part of the goods; but the Lords allowed them to be cited cum processu.

Fol. Dic. v. 1. p. 136. Harcarse, (Escheats.) No 416. p. 113.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor0602209-067.html