An apparent heir discharging or renouncing any right competent to him.
L Meidhope v. Sir Robert Hepburn's Sons
Date: 24 February 1636 Case No. No 48.
A presumptive heir renouncing ia his father's favour, his interest in the heirship moveables will not import behaviour, though he may have got a valuable consideration for doing so.
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The general heir of umquhile Sir Robert Hepburn, and the heir of the second marriage, being both convened for payment of a debt owing by their umquhile father to the goodman of Meidhope; and the general heir offering to renounce, the heir of provision answering, That he could not, seeing he had behaved himself as heir to him, in so far as he had granted to his father a discharge of all heirship goods and gear which might befal to him, and which he might crave through his father's decease, at any time thereafter; and that in respect he had then delivered to him certain moveables and plenishing for his house, he being then to withdraw himself from his father, to his own dwelling a-part after his marriage, accomplished by the advice of his father, whereof albeit the discharge was granted to the father in his own lifetime, yet being given for satisfaction, and for moveables received in place of his heirship, whereto he might succeed, it behoved to be repute as if he had received and intromitted therewith after his father's decease; this allegeance was repelled, and the discharge given by the eldest son to his father, in his father's lifetime, discharging his father of his heirship, albeit done upon, and for receipt of other moveables, was found ought not to make the eldest son liable to his father's debts as heir, he renouncing now to be heir, which the said discharge was found to make no impediment to him, but he might renounce, albeit he offered not to restore, and make forthcoming to the creditors, the particulars received by him from his father, nor the avails thereof.
Act. Heriot et Stuarrt.Alt. Nicolson et Nairn.Clerk, Hay.
Fol. Dic. v. 2. p. 31. Durie, p. 797.
