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The Lady pursues the Lord Colvil to relieve her of the whole debt, heritable and moveable, of the defunct, his predecessor, because the defunct, in his testament, had named her, his Lady, executrix and universal legatrix, with a special clause, that she should be free of all his debt whatsoever. The defender alleged, Absolvitor, because no deed done by a defunct in lecto, or in testament, can prejudge his heir. The pursuer replied, That this testament was made in the defunct’s leige poustie. The defender answered, That on death-bed, and by testament, equiparantur.
