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An apparent heir having subjected himself to the passive title of behaviour, by intromitting at his own hand with his predecessor's writs and evidents, and having thereafter within year and day entered heir cum beneficio inventarii, he pleaded, that the passive title of behaviour was purged by his entering heir cum beneficio, just as vitious intromission is purged by a posterior confirmation. Answered, The act 1695, gives not the benefit of inventory to those who have had any prior intromission with the defunct's estate; and therefore the heir cannot plead upon his inventory.
