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Subject_1 HEIR-PORTIONER.
Date: Lady Houston
v.
Sir George Dunbar
2 November 1744
Case No.No. 2.
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If there is a messuage the eldest daughter gets it, and as a consequence thereof the share lying next that messuage; and the other heirs cast lots for their shares; and the division ought to be not according to the extent of the present rent only, but according to the real value of the grounds, quantity and quality considered.
Two feu superiorities being part of an estate descending to three heirs-portioners, the Lords found that the eldest had right to one superiority, and that both were liable to the third in a recompense for her proportion of the feu-duties, but without regard to any casualties. (See Dict. No. 9 p, 5366. and No. 11. p. 5369.)
The electronic version of the text was provided by the Scottish Council of Law Reporting