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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Errol v N. [1541] Mor 1347 (3 March 1541)
URL: http://www.bailii.org/scot/cases/ScotCS/1541/Mor0401347-004.html
Cite as: [1541] Mor 1347

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[1541] Mor 1347      

Subject_1 BASTARD.
Subject_2 SECT. III.

A Bastard's Relict has right to a share of his effects.

Earl of Errol
v.
N

Date: 3 March 1541
Case No. No 4.

If the bastard was married, and died without children, the gift of bastardy carried only the one half of the goods; the other belonging to the wife.


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The Lords decerned in a cause of a gift of bastardy, granted by the King to the Earl of Errol, of the escheat of N.; that the said gift could not extend but to part of the moveable gear that ought to pertain to the man, and he had not been bastard; and therefore decerned his wife M. so to have the half of the goods, because the man died without bairns; and therefore, of the practiques, the one half of the gear ought to pertain to her: And so the King allowed but the one half that pertained the man.

Sinclair, MS. p. 31.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1541/Mor0401347-004.html