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Found, that a child unforisfamiliate might, without the title of executor, pursue reduction of a testament or deed on death-bed, whereby the pursuer was prejudged of her legitim; because the pursuer was hæres mobilium as to the legitim, which passes to heirs, executors or assignees, without confirmation.
Fol. Dic. v. 1. p. 544. Harcarse, (Lectus Ægritudinis.) No 647. p. 178.