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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Turnbull v Turnbull &c. [1778] Mor 8099 (28 July 1778)
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Cite as: [1778] Mor 8099

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[1778] Mor 8099      

Subject_1 LEGACY.

Turnbull
v.
Turnbull &c

Date: 28 July 1778
Case No. No 40.

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Turnbull, in his testament, burdened his Executor with a provision of 2000 merks to a niece, in liferent, and to her children in fee. The niece had several children, who all outlived the testator, but predeceased their mother. After the mother's death, it was urged for the heir, That the legacy had fallen. The Lords found the legacy had not fallen, as the persons in whose favour it was conceived, had all outlived the testator, and that it now belonged to the nearest of kin to the children of the niece.

Fol. Dic. v. 3. p. 378. Fac Col.

*** This case is No 41. p. 4248. voce Fiar.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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