Scottish Court of Session Decisions

Subject_1 DEATH-BED.

John Lesly
v.
Robert Cleugh

1744, Nov. 2.
Case No. No. 17.

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A man on death-bed disponed to his eldest son and heirs of his body, which failing to his second son's children. After his death his eldest son accepted and ratified his father's disposition, but then he happened also to be on death-bed;—and after his death the second son raises reduction of both on the head of death-bed. Kilkerran found the reduction not competent at the pursuer's instance. We agreed that the pursuer not being heir or apparent-heir to his brother in this subject, he could not quarrel his ratification, and consequently could not quarrel the father's disposition,—though if lie could reduce he would be heir to his father in the subject,—and therefore we adhered. Arniston went farther, and though that that father's disposition was not reducible since the immediate heir was not prejudged though the remote heir was, and differed from the judgment in Sir John Kennedy's case.