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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Stevenson v Fisher. [1607] Mor 8175 (24 February 1607)
URL: http://www.bailii.org/scot/cases/ScotCS/1607/Mor2008175-011.html
Cite as: [1607] Mor 8175

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[1607] Mor 8175      

Subject_1 LEGITIM.
Subject_2 SECT. III.

Children have right to Legitim proprio jure.

Stevenson
v.
Fisher

Date: 24 February 1607
Case No. No 11.

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Stevenson pursued Fisher to divide to her the half of her defunct husband's goods. He alleged, That the pursuer had only interest to acclaim the third of the defunct's goods, because he is one of the defunct's debtors, who had bairns on life, and so his testament behoved to receive a tripartite division, whereof the wife could only fall a third. It was answered, That she behoved to have an half unless the defender would allege, that that either the testament was formed with a three-fold division, or that the bairns were yet on life; notwithstanding whereof, the Lords found the exception relevant.

Fol. Dic. v. 1. p. 544. Haddington, MS. No 1328.

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/1607/Mor2008175-011.html