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[1619] Mor 9766

Subject_1 PASSIVE TITLE.
Subject_2 DIVISION II.
Lucrative Successor post contractum debitum.
Subject_3 SECT. I.
The disposition must flow from the father. - The disponee must be apparent heir in the subject. - Effect of the disponee dying before his father. - Disposition in trust for behoof of the apparent heir. - What must be the nature of the subject disponed to infer the passive title? - Acceptance of the disposition sufficient. - Bonds disponed to the heir will be presumed to have been heritable, in order to infer the passive title.

Lord Ogilvy
v.
Kinfawns

1619. July 25. or 26.
Case No. No 101.

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Found, That the oye receiving infeftment from the goodsire vivo patre, cannot be convened tanquam universalis successor.
Kerse, MS. fol. 142.

The electronic version of the text was provided by the Scottish Council of Law Reporting

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