Found, not competent to an heir charged, to renounce, with the exception of lands provided to him, in his mother's contract of marriage. He must renounce simply or run his hazard.
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In an action of registration, at the instance of the Lady Ogilvie against the Lord Ogilvie, who was convened as lawfully charged to enter heir to his father, and for purging whereof he produced a renunciation, whereby he renounced to be heir to him, with an exception therein insert viz. that because his umquhile father was obliged, in the contract of marriage made betwixt him and his said father, and the Earl of Melross and his daughter, now spouse to the defender, to infeft the said defender and his heirs, in the lands mentioned in that contract, and whereupon he had served inhibition, which contract and inhibition preceded this contract, now desired to be registered, and so that thereby his father was constituted his debtor, that therefore it might be lawful to him to enter heir in these lands, wherein his father was obliged to infeft him, as said is, and whereby he was constituted his debtor for his security, in case he might not come to the right of the said lands otherwise; and which he alleged he might lawfully do, and ought so to be found by the Lords, without any hazard or danger to be heir generally, or but any peril to ensue therethrough to him, seeing this pursuer could not have prejudice therethrough. The Lords found, that either the defender ought to renounce sitnpliciter, without any exception and reservation therein, or they could not receive their renunciation with such a provision and exception, as was craved; seeing if he intended to enter heir to his father, he behoved to do the same, upon his own hazard; for the Lords declared that they would make no such provision as was craved by the defender, albeit the same depended upon a preceding cause of debt, but he ought to seek the implement thereof otherwise, as he pleased.
Act. Nicolson & Aiton.Alt. Stuart.Clerk, Scot.
Fol. Dic. v. 2. p. 340. Durie, p. 261.
