In what Situations a Bastard enjoys the Power of Testing.
Hay v. Bishop of Dunkeld
Date: 27 February 1628 Case No. No 7.
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Andrew Hay, executor nominate to umquhile William Hay of Strollie, and having licence to pursue, convenes the Bishop of Dunkell, as debtor to the said defunct. It was excepted by the said Bishop, that the defunct was bastard, and had no power to make a testament, except he had been legitimate. To the whilk it was answered, That the defender had no interest to allege the same, seeing the defunct was not declared bastard, nor nae gift taken of his bastardy; and it were a dangerous practice, if this should be objected against every defunct and their executors.——The Lords repelled the exception.
