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In an action against executors, alleged, The pursuers, executors to their father, can have no right to a deal or portion of their goodsirs, to whom the defenders are executors, because the pursuer's father died before. De action. Hæred. 5. Replied, The goodsir was obliged by the pursuer's father's contract of marriage, that their father, the time of the goodsir's decease, their own father, should have a deal and portion of his goods; and so the pursuers being the father's executors, and representing him, and on life, the time of the obliged goodsir's decease, have right to a portion and deal of his goods. Admits the reply.
Clerk, Durie.
Fol Dic. v. 2. p. 398. Nscolson MS. No. 185. p. 132.
