Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. IV.
Casualties of Superiority.
L Coulter v. Forbes
Date: 8 February 1624 Case No. No 26.
A gift of liferent escheat, upon which declarator had been obtained, found to belong to the heir of the donatar, except as to bygones, due to him before his decease, which would belong to his executors.
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In an action betwixt the L. Coulter and L. Balbigno; for declarator of Balbigno's liferent, John Forbes, son and heir of umquhile Mr Duncan Forbes compeared, as claiming the right of the said liferent to pertain to him, seeing his father was donatar thereto, and had obtained declarator thereupon, at his instance, before his decease; and so he, as son and apparent heir, had right to the same, and consequently, to impede all declarator at any other person's instance; and the pursuers contending, That the apparent heir could have no right to that liferent, the donatar being deceased, but that the same would pertain to his executors; the Lords found, That the said liferent right, and gift, and declarator thereof, pertained to the heir of the donatar, and not to his executors, except for the bygone years owing to the donatar before his decease, which would appertain to his executors.
Act. Burnet.Alt. Baird.Clerk, Scot.
Fol. Dic. v. 1. p. 367. Durie, p. 111.
