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The Lady Craigleith having pursued her daughter and her husband Prestongrange, for a third and terce besides her jointure, in respect she had not renounced them;
Alleged for the defenders: As a wife’s provision, exceeding her legal third, is not to be reduced thereto, she ought not to have any more.
Answered: A conventional takes not off the legal provision, unless renounced; which is also Craig’s opinion.
The Lords delayed to give interlocutor, till they saw if the Parliament in June would make any statute anent terces, and at length decerned in favours of the Lady, and allowed her a terce out of what was not life-rented.
