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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Agnew of Sheuchan v Agnew his Brother [1749] 2 Elchies 331 (22 February 1749)
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Cite as: [1749] 2 Elchies 331
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[1749] 2 Elchies 331
Date: Agnew of Sheuchan
v.
Agnew his Brother
22 February 1749
Case No.No. 7.
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One dying intestate leaving two sons, the eldest his heir and in familia, and the second forisfamiliate by accepting a provision in satisfaction of legitim and bairns part of gear, but no mention of executry, and leaving no relict, the eldest son claimed the legitim, notwithstanding of his being heir, because he was the only bairn in familia; but Lord Dun, and afterwards the whole Lords preferred the second son to the whole moveable succession. Vide the last reclaiming bill by James Ferguson, which is well written. (See Dict. No. 8. p. 8167.)
The electronic version of the text was provided by the Scottish Council of Law Reporting