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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Lesley v Robert Cleugh. [1744] 2 Elchies 163 (2 November 1744)
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Cite as: [1744] 2 Elchies 163
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[1744] 2 Elchies 163
Subject_1 DEATH-BED
Date: John Lesley
v.
Robert Cleugh
2 November 1744
Case No.No. 17.
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A father disponed on death-bed his estate to his eldest son and heirs of his body, whom failing to the children of the second son; and after the father's death the eldest son accepted and ratified the disposition, but happened himself to be then on death-bed. After his death, the seeond son raised reduction against his own children of the disposition ex capite lecti, and likewise of his brother's ratification; but we found that he was barred by his brother's ratification from reducing the father's disposition, and that he could not quarrel that ratification, because he was not heir to his brother
in the subject.—N. B. Arniston thought the disposition not quarrellable on another ground, viz. that the immediate heir at the time was not prejudged, and differed from the judgment in Sir John Kennedy's case. (See Dict. No. 17. p. 3198.)
The electronic version of the text was provided by the Scottish Council of Law Reporting