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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Irvine v Irvine. [1744] 1 Elchies 118 (6 November 1744)
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Cite as: [1744] 1 Elchies 118
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[1744] 1 Elchies 118
Subject_1 DEATH-BED.
Irvine
v.
Irvine
1744 ,Nov. 6 .Dec. 4, 15 .
Case No.No. 18.
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An eldest son having received from his father a settlement in satisfaction of all interest, claim, or pretence to his fathers estate personal or real after his death except good will; the father on death-bed disponed some heritable subjects to his younger children,—whereof the eldest son raised reduction. The President looked on this as a rational partition of his estate with the heir's implied consent by his acceptance in satisfaction. Arniston thought it the same as disponing lands to an heir with a reserved faculty to burden, which may be exercised upon death-bed;—and it carried by the President's casting vote to sustain the defence. Pro were Justice-Clerk, Drummore, Arniston, Monzie, Dun, and President. Con. were Haining, Strichen, Kilkerran, Balmerino, et ego.—4th December The Lords Altered, and found the reasons of reduction relevant both as to heritage and heirship.—15th December, Adhered,
The electronic version of the text was provided by the Scottish Council of Law Reporting