Scottish Court of Session Decisions

Subject_1 DEATH-BED.

Craigs
v.
Maltsters of Glasgow

1739, Feb. 3, 13.
Case No. No. 11.

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In a concluded cause, a question occurred of a disposition on death-bed to the immediate heir an infant, and failing him, to these maltmen, passing by all his remoter heirs, which was the same case that was determined in 1722, Arbuthnot against Sir John Kennedy. Several of the Lords doubted much of the point in general, particularly Arniston, but he thought in this case, where the disposition was to an infant, who could not dispone or alter the destination, the deed was in prejudice even of the immediate heir the infant, and that therefore it was reducible. Others of us were of the opinion of the former judgment;—and though the point was at least very doubtful at first, yet I thought it not right to alter our decisions in such a general point. However, we agreed to determine this point in the terms Arniston mentioned, and found that this disposition was to the prejudice of the immediate heir the infant, though that argument I doubt will extend to the case.—13th February, The Lords adhered without answers.