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United Kingdom House of Lords Decisions
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Margaret and Elizabeth Duncan v. Francis Fowke [1773] UKHL 2_Paton_290 (5 February 1773)
URL: http://www.bailii.org/uk/cases/UKHL/1773/2_Paton_290.html
Cite as: [1773] UKHL 2_Paton_290
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SCOTTISH_HoL_JURY_COURT
Page: 290↓
(1773) 2 Paton 290
CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND.
No. 72.
v.
House of Lords,
Subject_Vesting of Legacies.—
Circumstances in which legacies held to vest.
For full report of this case, see Morison, 8092.
The circumstances were these. A testator, by his will, bequeathed one half of his personal estate to his two nephews, declaring that his will was to take place at the death of his wife, and that until that event she was to have the liferent interest thereof. The nephews survived the testator, but died before the death of the liferenter. The Court of Session held that the legacies vested in the nephews. And, on appeal to the House of Lords, this judgment was “affirmed.”
Counsel: For Appellants,
J. Montgomery,
Alex. Lockhart,
J. Maclaurin,
Tho. Lockhart.
For respondent,
Al. Wedderburn,
John Madocks.