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Andrew Lawson left to his fourth son, John Lawson, all the effects belonging to him at the time of his death. David, an elder brother of John's, who, at his marriage, had received 200 merks from his father, granted the following discharge:
“I hereby discharge the said Andrew Lawson of the said 200 merks, part thereof being 500 merks, left among us by our grandfather, and I here by discharge him of all bonds and bills, or sums of money belonging to me, for ever.”
David pursued his brother Andrew for payment of his legitim, and share of the effects belonging to their mother at her death. Urged in defence, The provision of 200 merks was given and accepted, in lieu of legitim and all claims, as the discharge above-mentioned bears. As to the executry of the mother, it is impossible to ascertain it, as she has been dead twenty years; and this delay of claiming it affords further evidence, that the pursuer meant to renounce it, with all other demands, by the said discharge.——The Lords repelled the defences, both with respect to the legitim and share of the mother's moveables.——See Appendix.
