Subject_1 HEIRSHIP MOVEABLES. Subject_2 SECT. III.
In what cases not claimable.
Robertson and Traquair v. Dalmahoy
Date: 27 June 1629 Case No. No 30.
A relict haver intromitted with the heirship, was allowed deduction for the maintenance of her children, altho' never entered heirs to the defunct.
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A defunct dying, leaving two bairns and his wife behind him, which two bairns were entertained by the relict their mother during their lifetimes; likeas she intromitted with the goods of her husband, and such as were heirship after the decease of the bairns, who died never being served, nor entered heirs to the defunct, the defunct's brother being served heir to him makes another assignee to the heirship, thereby pertaining to him; which assignee pursuing the relict, as haver of the heirship, for delivery of the same to him; it was found that the relict's entertaining of the bairns ought to be allowed to her, and defalked off the first end of the price of the said heirship, which was so found, albeit the pursuit was moved by the assignee to the heir, and albeit the bairns entertained by her were never served heirs, and so had no right themselves to claim the heirship, and albeit the entertainment was made by the mother of her own bairns, and so thereby presumed to have been done ex pietate materna, albeit neither the entertainment was liquidate nor any action intented therefor, notwithstanding whereof, the said exception was sustained.
