Scottish Court of Session Decisions

Subject_1 LEGACY.

Margaret Campbell, and M'Millan her Husband,
v.
Captain William Campbell

Date: 11 November 1740
Case No. No. 7.

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Provost Campbell, five or six years before his death, made a general disposition of all the effects he should have at his death to his son William Campbell; and about five years thereafter his younger son David Campbell dying in a voyage from America, bequeathed his whole effect to his father, and in case of his decease to his sister Margaret Campbell. The Provost survived his said younger son, but died before he had accounts of his son's death; and in the competition for the son's effects betwixt William Campbell in the right of the general disposition from his father the universal legatee and his sister Margaret the substitute, the Lords found that the said substitution does still subsist, notwithstanding the Provost's surviving his son, and that it was not evacuated by the Provost's general disposition five years before the son's testament; for the most part thought that the Roman law anent vulgar substitutions does not hold with us.