Competent to the Remoter Heir, after the immediate Apparent Heir's decease.
Kennedy v. Arbuthnot
Date: 13 July 1722 Case No. No 17.
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One upon death-bed having disponed his estate to his infant son, and the heirs of his body; whom failing, to certain extraneous substitutes; and the son, his only child, having died without issue;—in a reduction at the instance of the nearest heir, it was objected, That the privilege of death-bed is not competent to a remote apparent heir, where the apparent heir for the time is not lesed. The Lords repelled the objection, and sustained the action at the instance of the remoter heir.
Fol. Dic. v. 1. p. 212.
*** See This case voce Blank Writ, No. 22. p. 1681.
