[1613] Mor 3440
Subject_1 DELINQUENCY.
Subject_2 SECT. VI. Suicide.
Redpath
v.
-
1613 .June .
Case No.No 13.
The Lords refused to sustain action of declarator of a liferent of a person who had killed herself, she having been furious six months before.
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In an action of declarator of escheat, pursued at the instance of Robert Red-path, as donatar to the escheat of umquhil Marion Forrester, spouse to William
Wachop of ——, for slaying of herself;—the Lords fand an exception relevant, founded upon her fury being qualified by the space of six months before her decease, and so she could neither incur pain in her body, nor loss in her goods, mair than she had slain a third person. Thereafter, there was an exception, quod debita excedunt bona, and this was repelled; and the Lords fand, that the husband would be compelled to make the half of his goods furthcoming without deduction of his debts.
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