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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mackgill v her Brother, Viscount of Oxenfoord. [1668] 1 Brn 570 (4 July 1668)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Mackgill
v.
her Brother, Viscount of Oxenfoord
4 July 1668 Click here to view a pdf copy of this documet : PDF Copy
The Viscount of Oxenfoord, having infeft his lady in the lands of Spinlefoord, in full satisfaction of all terce and third of moveables that she could crave by his decease, did thereafter provide the lady to the mains and park of Cranstoun, in satisfaction of Spinlefoord: The lady having left her daughter her only executrix, and universal legatrix, she did pursue her brother, the Viscount of Oxenfoord, for a third of the whole moveables, which belonged to the lady her mother: Against which pursuit this defence was sustained,—That the infeftment of the Mains of Cranstoun, being in lieu and place of Spinlefoord, which did contain the foresaid provision, that it was in satisfaction of all third and terce: Albeit it did not repeat the same expressly; yet it did implicitly contain the same: And the Lords found, That it was so intended, that the Viscount's meaning was, that Cranstoun should be affected with that same provision, being given in place of Spinlefoord.
Page 8.
The electronic version of the text was provided by the Scottish Council of Law Reporting