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Questioned, where a man left two children, one his heir, what should be the division of the moveables. Urged, That legitim is the portion allotted by law to younger children otherwise unprovided, to which the heir can have no claim. Answered, the heirs being provided, is no bar to his claim of legitim, for the younger children, as well as he, have their legal succession, viz. the deads part in the moveables; and the legitim is a separate portion, which the law gives to the children proprio jure. The Lords found the heir entitled to a legitim.
Fol. Dic. v. 3. p. 381. D. Falconer. Rem. Dec. Kilkerran.
*** See Kilkerran's report of this case, No 7. p. 3948, voce Executry, and Lord Kames, and Falconer's, No 132. p. 5928, voce Husband and Wife.
