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One Livingston seeking decree to be transferred in one William Fullerton, as lawfully charged to enter heir to his father, it was alleged, That the summons was raised before year and day had past after the defender's birth, though his father had died year and day before; for the child was posthumous. It was found, that he should have waited year and day after the child's birth before he had raised summons upon his charge.
Fol. Dic. v. 1. p. 467. Spottiswood, (Heir.) p. 137.
