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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sibbald v The Procurator-Fiscal of St Andrews. [1623] Mor 8176 (19 July 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor2008176-012.html
Cite as: [1623] Mor 8176

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[1623] Mor 8176      

Subject_1 LEGITIM.
Subject_2 SECT. III.

Children have right to Legitim proprio jure.

Sibbald
v.
The Procurator-Fiscal of St Andrews

Date: 19 July 1623
Case No. No 12.

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In an action of suspension, Sibbald contra the Procurator-Fiscal of the Commissariot of St Andrews, the Lords found, that where a man dies, leaving behind his wife with child, who bears a bairn, albeit the bairn should live but one day, that the father's testament-dative being desired to be given up and confirmed upon charges of the Procurator-Fiscal, as use is, and, where there is no testament testamentary, although the said testament-dative should not be confirmed many years after the death of that bairn, who once lived, it should thole and have a threefold division, and that the deceased bairn should not be prejudged in his own third part, nor of no other part of the defunct's third, which might fall to him by the law.

Act. Aiton. Alt. Absent. Clerk, Gibson. Fol. Dic. v. 1. p. 544. Durie, p. 75.

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/1623/Mor2008176-012.html