Scottish Court of Session Decisions

Subject_1 DEATH-BED

Irvine
v.
Irvine

1744. December 4, 15.
Case No. No. 18.

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An eldest son having accepted from his father of a settlement in satisfac-tion of all interest or claim to his father's estate personal or real after his death, except good will; the father on death-bed conveyed the rest of his estate to younger children. The son raised reduction ex capite lecti as to the heritage and heirship moveables, and proved death-bed; but was on the first hearing found barred from reducing by his acceptance of the settlement in satisfaction as said is, which carried by the President's casting vote, (6th November, 1744,) who considered it as a rational distribution of his estate. Arniston was also of the same opinion, and he thought it the same as if the father had settled the whole upon one with a reserved faculty; but afterwards the interlocutor was altered, and the reasons of reduction sustained both as to heritage and heirship moveables.