Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Cecilia Paip, Lady Keilor, v. Richard Newton of that ilk
Date: 19 December 1694
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The Commissaries had exonered him in so far as concerned his aunt's portion in Holland, as, by the testament produced, it was left to him.
The Lords found he could have no preference on that head, (she being in a degree equally sib to the defunct;) seeing the same was uplifted and spent by him, and the equivalent could not be substituted in its place, because the uplifting a sum legated is inter modos adimendi legata. But the Lords thought there was equity in the case; therefore recommended to the reporter to endeavour to settle them.
