Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lesly of Eastquarter v. Janet and Anna Dicks
Date: 6 January 1698
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Lesly of Eastquarter pursues Janet and Anna Dicks, daughters to Grange, for tutor-accounts of Sir John Lesly, their grandfather. The Defence was,—I can only be liable secundum vires inventarii, because I have entered heir cum beneficio, as the Act of Parliament 1695 allows. Answered,—You cannot have the benefit of that Act, for it is only introduced in favours of apparent heirs after the date of the Act, or whose annus deliberandi was then running: but, ita est, Your predecessor was dead many years before the making of this Act, and your annus deliberandi was expired; and it is evident, by the Act, there is no new year allowed to deliberate. Replied,—The words, “for hereafter,” were only added to exclude such as had entered before simply, conform to the law then standing, from claiming the privilege of entering a second time, cum beneficio, but not to hinder apparent heirs, though their apparency existed before the Act, to enter and serve heirs cum beneficio inventarii, providing they did it within year and day of the said Act.
The Lords, having considered the Act, were generally clear that it did not extend to such apparent heirs as had their year of deliberation expired before the Act was made. Yet, in regard it was moved to endeavour the settling of the parties, the decision was forborne.
