A person disponing his heirship moveables, and on death-bed revoking, and disponing them to another, the revocation was not sustained to give access to the heir to reduce.
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John Crawfurd of Crawfurdland disponed his estate, reserving his liferent, to John his eldest son; having before disponed the moveables he should have at his death to his sons William and Andrew, reserving power to alter; and on death-bed revoked this disposition, and disponed them to William.
John, the eldest son, pursued William to account to him for the heirship moveables, which could not be disponed on death-bed.
The Lord Ordinary, 22d December, 1748, “sustained the defence, that the heirship moveables were disponed to the defender by the defunct: And in respect of the former disposition by the defunct in favour of the defender, and his brother Andrew, found, that the last disposition was not reducible etc capite lecti.”
Pleaded in a reclaiming bill: A general disposition of moveables does not comprehend heirship moveables; or if it does, this deed is revoked, the disponer having expressly revoked all deeds in favour of any other person; so that it can only support the defender's claim to the one half, to which he was thereby provided.
Answered: The revocation is not in favour of the pursuer; and the disposition is onerous, bearing to be for services performed, and which it is notorious he did perform: Besides, the defunct having disponed his estate, did not die a Baron; and his heir is not entitled to heirship moveables.
The Lords adhered.
Act. H. Home.Alt. Boswel.
D. Falconer, v. 2. No. 68. p. 74.
