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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Charles Burnet v Mary Burnet. [1737] 1 Elchies 240 (2 February 1737)
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Cite as: [1737] 1 Elchies 240
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[1737] 1 Elchies 240
Subject_1 LEGACY.
Charles Burnet
v.
Mary Burnet
1737 ,Feb. 2 .
Case No.No. 3.
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The Lords adhered to the Ordinary's interlocutor, finding that this legacy was not conditional, but that the fee was vested in the children from the testator's death, only the payment may be delayed.
The Lords on the narrowest majority altered, and found that only the children of the brothers that shall exist after Mary Burnet's death have right to the legacy. They avoided dedita opera saying it was conditional, though it truly resolved into that point. The Bench consisted of 14, viz. 13 ordinary and the Marquis of Tweddale, the President being absent. I was in the chair, and there were for the interlocutor seven, and six were for adhering and so was I, but had no vote. 24th February, They adhered. I was in the chair, but did not put a vote.
The electronic version of the text was provided by the Scottish Council of Law Reporting