Where the cause of granting is expressed, that must be the rule.
Kennedy v. Jack
Date: 18 July 1622 Case No. No 160.
Click here to view a pdf copy of this documet : PDF Copy
Vide Ephem. practica in divisione testamenti, dated the 14th July 1622, where it is found, that the executor and only bairn has right to the two parts, and the wife only to a third, albeit the executor be heir also. Item, there alleged also in that action, at Kennedy's executor his instance against the relict his own mother, for her absolvitor frae the equal half of the two part, quhilk half is the defunct's third; because the defunct her husband left in legacy to her be the testament the equal half of all his hail free goods and gear, whilk is the defunct's hail third. Finds the allegeance relevant pro tanto.
Fol. Dic. v. 2. p. 147. Nicolson, MS. No 604. p. 413.
*** A similar decision was pronounced, 12th January 1681, Morison against Trotter, or Trotter against Rochead, No 12. p. 2375. voce Collation.
