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In an action, moved by A. B. against E. F. as executor and hail intromitter with the goods of C. D. for a black cloak and gown, left to the pursuer in legacy by the said ——; it was answered by the said defender, That the gear acclaimed was no heirship, and that the defunct had no free land, but only annualrent upon land, which could not make her to have an heir. It was replied, That, if she had an heir, she might leave in legacy the gear acclaimed, yet the legatar should have the price of the said gear by the law, as if she had left another man's gear wittingly. The Commissaries absolved the defender from the petition, and decerned, that neither the gear acclaimed, nor price thereof, was owing to the legatar; because, by the law of Scotland, neither heritage nor heirship may be disponed upon death-bed, and all such disposition is null in itself.
