[1683] Mor 8060
Subject_1 LEGACY.
Penniland and his Spouse
v.
Thomas Wylie Treasurer of the College of Edinburgh
1683 .March .
Case No.No 16.
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Found, that in the case of two special legacies of a defunct's whole estate, the failing of a part of one by its being heritable, did not diminish the other special legacy; though some contended, That such an inlake would be made up out of a general legacy, or out of the unlegated part of executry tanquam legatum rei alienæ. But thereafter the point was waved, in respect the last right was burdened with the other.
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