Escheat of Delinquents Convict. - Grant during Pleasure. - Importing a Regality. - Naming a Person to an Office. - Betwixt and a Term.
Heiress and Representatives of Earl of Murray v. Tutors of Sanquhar
1583.
January. Case No. No 19.
In a removing, at the instance of an heir of a donatar to a ward, against a tenant, this exception, that the tenant had a tack from the defunct, which was to stand during the said granter's pleasure, was not interpreted to stand during the ward, but that voluntas morte extinguitur.
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The tutor of Sanquhar, Crichton, being warned to flit and remove frae the lands and mains of Sanquhar, be the heritrix of Murray, as donatar to the ward thereof, it was alleged be him, That he had tacks for terms to run, of umquhile Annabal Stewart, daughter to the Earl of Murray, Regent, donatrix at that time, with consent of her father, the said Earl, as lawful administrator to her, and that during the will of the said Annabal and the said Earl, nam ita cavebat assedatio, during our will the time of the ward.—It was alleged be the heritrix of Murray, That the tack produced proved not the allegeance, nam status quæstionis fuit in termino probatorio; because the tack and assedation being set during the will of the setters thereof, being deceased, the will was expired, et voluntas morte extincta esset, prout in l. qui ad ff. locati.—It was answered on the other part, quod non stricte voluntates decedentium interpretandæ; and that thir words, during the time of the ward, fuit modus adjectus, and behoved to stand so long as the ward stands.——The Lords, una voce dicentes, fand the exception not proven; and that the will was expired be the decease of the person, et morte expiaretur.
