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Subject_1 SERVICE AND CONFIRMATION.
Edgar
v.
Maxwell
1736 ,July 29 .
Case No.No. 6.
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The Lords found that the son of the second marriage, could gratuitously alter the destination in the contract of marriage, and repelled the defence that there was no title made to the contract, in respect of the answer, that he made a title to the estate as heir of the investiture, 6th July 1736.—29th July, The Lords adhered to the interlocutor, of 6th, but superseded till November as to the lands in which Gavin and Alexander Johnston were not infeft. 21st July 1738, The Lords found that Gavin Johnston's service as heir-male to Alexander his father did not vest in him the right of the procuratory in Alexander's contract of marriage with his first wife, and that therefore Edgar might yet serve heir to that procuratory.
The electronic version of the text was provided by the Scottish Council of Law Reporting