Courtesy may have place where the defunct heiress was not habilely infeft.
Click here to view a pdf copy of this documet : PDF Copy
An heiress's infeftment, upon a service to her predecessors, being quarrelled by a reduction after her death, upon alleged nullities, in order to disappoint her husband of his right of courtesy, the Lords found, that the heiress's infeftment not having been quarrelled in her lifetime, was sufficient to support the courtesy, upon this ground of equity, that had it been quarrelled during her life, these nullities might and would have been supplied. See Appendix.
