An eldest brother preferred to the custody of the writs, though the estate was in Holland, where all the children succeed equally, and another brother had purchased in all the other children's parts.
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An exhibition being pursued at the instance of an heir of conquest; and it being alleged by the heir of line, that some of the lands, whereof the writs were craved to be exhibited, were in Holland; and that, by the custom there, the eldest brother did not succeed as heir of conquest, but all the brothers and sisters equally, so that the writs ought not to be delivered to the pursuer, who had only an interest as to the fifth part, whereas the defender had four parts, having acquired three from his brothers and sisters, and having one himself; and he having the far greater interest in the land and writs, ought to have the keeping of the same, being liable to make them furthcoming to the pursuer.
The Lords notwithstanding preferred the elder brother to the keeping of the writs.
In that same cause, it was alleged, that, as to the lands in Scotland, the defunct's right was only by a comprising, which was personal, and whereupon no infeftment had followed; and which belonged to the heir of line, as tacks and reversions: The Lords, nevertheless, found, that the heir of conquest has right to the same, conform to a late decision. See Heritable and Moveable.
