[1749] 1 Elchies 178
Subject_1 HEIR CUM BENEFICIO.
Sir Kenneth M'Kenzie, Supplicant
1749 ,July 12 .
Case No.No. 5.
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The petitioner being at Mahon when his brother Sir George died 20th May 1748, leaving a wife, and not known whether with child or not, the petitioner could not at that distance record inventories in order to a service cum beneficio; and the Sheriff-clerks scrupled to record them. Now therefore he prayed for our authority,—and we authorized the recording, but would not determine what effect that would have,—and therefore reserved to all parties to be heard on the effect of such recording.
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