Scottish Court of Session Decisions

Subject_1 DEATH-BED.

Ballanttne
v.
Ballantyne

Date: 15 February 1734
Case No. No. 4.

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Lands being taken to a man and liis wife in conjunct fee and liferent, and to their son in fee, with power to the father to sell, annailzie, &c. etiam in articub mortis; the son died, and thereafter the father annailzied the lands on death-bed. In a reduction at the instance of the next apparent heir, the Lords found the father fiar, and repelled the defence on the father's faculty, and reduced the disposition. But the case had been more difficult had the son been fiar.