[1674] Mor 13307
Subject_1 QUOD POTUIT NON FECIT.
Date: Cranston
v.
Brown
2 December 1674
Case No.No 10.
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A special legacy of an heritable bond being left in a testament, in which the testator's heir was named executor and universal legatee, the legacy was sustained, for it implied a non repugnantia, so that he could not quarrel the legacy, and at the same time take the benefit of the testament.
*** This case is No 15. p. 8058. voce Legacy.
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