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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Heirs of Stewart of Phisgil, Competing. [1743] 2 Elchies 400 (4 June 1743) URL: http://www.bailii.org/scot/cases/ScotCS/1743/Elchies020400-020.html Cite as: [1743] 2 Elchies 400 |
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[1743] 2 Elchies 400
Subject_1 MUTUAL CONTRACT.
Date: Heirs of Stewart of Phisgil, Competing
4 June 1743
Case No.No. 20.
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The wife's estate being disponed to the husband, and both it and the husband's conquest provided to the heirs of the marriage, the eldest son died leaving a daughter, and the father (the party contractor) tailzied his estate to the heirs-male of the marriage, which failing, the heirs-female, which failing, his collateral heirs-male, excluding his son's daughter.
It was found that he could not prefer his daughters and their issue (which the defender was) to his son's daughter the pursuer, and therefore reduced the tailzie. Adhered, and found the entail in fraudem tabularum.—The decree afterwards affirmed in Parliament. Vide inter eosdem voce Fraud.
The electronic version of the text was provided by the Scottish Council of Law Reporting
