A gift of bastardy was found not to require a declarator.
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The Lords, in the case of Doctor Taylor, servitor to the Dutchess of Portsmouth, ‘found that he, as a donatar to the bastardy, and ultimus hæres of——, had right, without a declarator.’——Though in Durie's time, and twice since the King's return, it is decided, that these gifts always need declarator, viz. 30th July 1662, Ross of Balnagoun, No 6. p. 3409; and 31st July 1666, Crawford, No 7. p. 3410.
Fol. Dic. v. 1. p. 228. Fountainhall, v. 1. p. 274.