Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Stevin v. Young
Date: 20 January 1666
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In this case, Stevin and Young and Barnes, the relict, found that their being but one daughter gotten of a marriage to whom sums of money were provided by the contract, that this daughter could not be served heir of that marriage; there being a son begotten by the father in another marriage, who could only be charged to enter heir to his father, to the effect he might employ the sums of money provided to that daughter; and that the said daughter being served heir, her service was null. Item, found that the mother dying, though regulariter non debetur legitima ex parte matris, yet the mother's testament being confirmed though she had a husband living, the child behoved to have not only the third, which belonged to herself, but also the third belonging to her dead mother; not as legitima, but as the third which belonged to the child by the father's decease, which came in place of the mother's third.
Act. Sinclar and Dinmuire.Alt. Lockhart.
Advocates' MS. folio 55.
