Competent to the Remoter Heir, after the immediate Apparent Heir's decease.
Margaret and Janet Craies v. The Maltnin of Glasgow
1739.
February3.&
13. Case No. No 18.
A substitution in a disposition to the nearest heir was reduced, at the instance of a remoter heir.
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A disposition was granted in lecto to certain trustees for the behoof of the disponer's only child, her heirs and assignees, in case she lived or attained to the age of 21; but in case of her decease before marriage, or 21 years of age, for behoof of the poor of the maltmen of Glasgow. And the child having died before majority or marriage; in a reduction at the instance of the next heir, the Lords ‘found the disposition to have been not only in prejudice of the remoter heir, but also in prejudice of the nearest heir at the time, she being to infant, and the estate upon her failure, even in infancy, provided to strangers; and therefore that it was reducible ex capite lecti, without prejudice to the defender continuing in possession till they should be heard upon their claims, on which they pleaded at least a partial onerous cause.’
Fol. Dic. v. 1. p. 212. Kilkerran, (Death-bed.) No 2. p. 151.
