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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Campbell, &c. v Campbell. [1740] 1 Elchies 240 (13 June 1740)
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Cite as: [1740] 1 Elchies 240
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[1740] 1 Elchies 240
Subject_1 LEGACY.
Campbell, &c
v.
Campbell
1740 June 13 ,Nov .11 .
Case No.No. 7.
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The Lords first found that the substitution in case of Provost Campbell's decease to Margaret Campbell does still subsist, notwithstanding the Provost survived his son the testator, for they thought the Roman law with respect to the vulgaris substitutio does not hold with us. The President and Murkle were of a different opinion; and they found
that substitution was not altered by the general disposition by Provost Campbell five years before the testament. Arniston also differed; yet 11th November they adhered. Vide 13th July 1681, Christie, (Dict. No. 30. p. 8197.)
The electronic version of the text was provided by the Scottish Council of Law Reporting