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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Younger Children of M'Lean of Forloish v Their Elder Brother. [1600] 5 Brn 444 (00 January 1600)
URL: http://www.bailii.org/scot/cases/ScotCS/1600/Brn050444-0428.html
Cite as: [1600] 5 Brn 444
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[1600] 5 Brn 444
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 FACULTY TO BURDEN.
Younger Children of M'Lean of Forloish
v.
Their Elder Brother
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Where a person, who has a faculty to burden, dies, without exercing that faculty, the faculty is at an end—no action lies upon it at the instance of any person, who, had it been exerced, would have been interested in it. In giving this decision, the case of Græme against Laird of Morphie, mentioned in the Dictionary, Vol. I. p. 291, was held to be an erroneous decision.
The electronic version of the text was provided by the Scottish Council of Law Reporting