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One being pursued as lawfully charged to enter heir to his father, and taking a term to renounce, and at the term offering to prove, that he had an elder brother living, and so he could not be that person that could be charged to enter heir to his father, his elder brother being alive; the Lords found, he ought not to be heard to propone this allegeance, and thereafter suffered to renounce, if he succumbed to prove the same.
