Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Dame Anna Foulls v. The Children of President Gilmour
Date: 1 February 1672
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In the action pursued by Dame Anna Foulls against the children of President Gilmour, the Lords inclined to find there ought to be a representation in moveables, on the same very reasons that it has been hitherto received in heritage; so that if one die leaving two brothers or two sisters behind him on life, and one of them die before confirmation, his or her children jure representationis et stirpis will come in and carry away the equal half of the executory from the brother or sister still on life: but if, at the time of his decease, he leave only one brother on life, and nephews by another who predeceased, the question will be greater, whether then the brother's children will come in pari passu with their uncle, to the executory. But for the first case, they say it was already determined in 1663 or 1664, between Bells and. Sure I am, before that time it was a novelty and heresy in our law, and contrary to its most uncontroverted principles.
