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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
The Procurator-Fiscal of Peebles
v.
Fairington
1687 .February .Click here to view a pdf copy of this documet : PDF Copy
A wife's discharge, in lecto, of all right she had in her husband's goods, does not hinder confirmation at her death, more than assignation in lecto doth hinder confirmation of the subject assigned. And it was debated, That, though a wife hath no creditors to confirm it, or her nearest of kin neglect to do it, the procurator-fiscal may confirm for securing her part of the goods; 2. That the wife's disposition of her share of the goods in communion to her husband, in liege poustie, stops confirmation; and she hath not retentam possessionem to infer simulation, as when a husband assigns to his wife. Vide No. 474, [Procurator-Fiscal of Peebles against George Rutherford of Fairington, February, 1688.]
Page 129, No. 473.
The electronic version of the text was provided by the Scottish Council of Law Reporting