[1741] 1 Elchies 241
Subject_1 LEGACY.
Hay
v.
Cuthbert of Castlehill
1741 ,Feb. 17 .
Case No.No. 8.
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Find the heir not passive liable, (for they thought it indeed only a legacy,) but found that the defender, the heir, having taken up the subjects in the second deed 1732, he must account for and apply the surplus of the subjects, if any be, after paying debts, for payment of the children's provisions.
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