A Bastard's Relict has right to a share of his effects.
Wallace v. Muir
Date: 7 July 1629 Case No. No 5.
Found as above.
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The lawful wife of any bastard deceasing without bairns, has good right to the half of the husband's moveables against any gift of bastardy.
July 9. In the same action, the Lords found, That heritable bonds, where upon infeftments follow, come under the general gift of bastardy, and need no particular gift as is required in lands pertaining to a bastard.
Auchineck, (Bastardy.) MS. p. 20.*** Spottiswood reports the same case:
1629. July 16.
Rohert Wallace, donatar to the gift of bastardy of John Wallace, having obtained general declarator, pursued a special of the bastard's whole goods, and, in particular, of a bond of 1000 merks, addebted to the bastard.—Alleged for N. Muir, another donatar; 1mo, No process, but only for the half of the bastard's goods, because he had a wife unto whom belonged the half of the moveables by our law.—Replied, The whole appertained to the donatar, sicklike as if he were donatar to a rebel's escheat——The Lords found this allegeance relevant, for the cases were very unlike, as they thought—2do, Alleged, The bond of 1000 merks could not fall under the general gift of bastardy, because it was heritable, and contained a provision of annualrent, as well infeft as not infeft; and so should have been gifted by presentation, as in other heritages, or else by a several gift which the defender had obtained per expressum.—Replied, This bond behoved to fall under the general gift, because there are only these two ways of disponing of a bastard's goods; by gift and presentation. As to the last, the King could not present this bond, because there had no infeftment followed thereupon; and therefore it behoved to be included in the general gift of all the bastard's goods and gear.——The Lords found, That the bond, although heritable, by payment of annualrent, fell under the general gift, in respect there had no sasine followed thereupon.
