Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Date: 18 November 1671
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The Lords found an assignation to an heritable bond, or a legacy left out of an heritable sum, though they will not militate against the heir, but are reduceable at his instance; yet that the executor was convenable on the clause of warrandice, and that such rights are valid to affect the moveable estate, and so the executors are liable therein; though it was alleged that disposition of heritage on dead-bed, is a deed simply null of the law: quoad falsum est; for it is only null quoad the heir.
Nota,—That insanitas mentis is not the great adequate reason inhibiting deeds in lecto, (though it be commonly given for it,) else such deeds should be absolutely null, both quoad heir and executor, and should not stand valid against the executor. Vide omnino Durie, 22d January, 1624, Drummond and Drummond, with the laws and authors there cited; infra, June, 1676, Mitchell and Littlejohn, No. 478.
