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Found, that the eldest of three heirs portioners was entitled to that third, within which the mansion-house lay.
Kilkerran, (Heirs Portioners.) No 1. p. 242.*** The following particulars of the case are mentioned in the Folio Dictionary:
The estate of Carnock having devolved on several heirs portioners, the principal mansion house was decerned by a decree arbitral, and an interlocutor of an Ordinary following thereon, to belong as a præcipuum to Lady Houston, the eldest heir portioner. Afterwards the Sheriff of the county appointed an inquest, who having surveyed the whole estate, divided it, by their verdict, into three parts. Lady Houston insisted, That as eldest heir portioner, she was entitled to have for her share the third that lay most contiguous to the mansion-house; especially as the planting and offices stood upon that part. Urged for the other sisters, The preference of the shares ought to be determined by lot, especially as the third next to the mansion house was of greater value than the others; as an evidence of which being the fact, each of the two younger sisters offered L. 500 Sterling to have that third adjudged to them. Replied, That the offer of L. 500 proceeded merely from caprice, as the several shares were found equal by the inquest; and a considerable time having now intervened since their verdict was returned, it could not be opened again without the strongest evidence of fraud. The Lords approved of the division reported by the inquest, and found that Lady Houston the eldest heir portioner was entitled to that third contiguous to the mansion-house, as bounded in the said verdict, and that the other two heirs portioners must cast lots, or cavel for the remaining thirds of the lands.
