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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Irving v Irving and her Husband. [1738] Mor 3180 (00 November 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor0803180-004.html Cite as: [1738] Mor 3180 |
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[1738] Mor 3180
Subject_1 DEATH-BED.
Subject_2 SECT. I. Reduction capite lecti, to whom Competent.
Irving
v.
Irving and her Husband
1738 .November .
Case No.No 4.
A substitute cannot reduce in a case where the institute could not.
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A disposition having been granted in liege poustie to a younger son, with power to alter, thereafter a new deed was granted in favour of the son of the said younger son, with a substitution to the eldest son; and, after all, a third deed on death-bed to the said son of the younger son, his heirs and assignees.
Of this last deed, a reduction on the head of death-bed being pursued by the eldest son, not only as heir at law, but as heir substitute, and of which right of substitution he could not be deprived on death-bed; it was found, ‘He had no right to reduce either as heir of line, because of the first disposition in liege poustie, or as heir substitute; because, however a substitute has been found entitled to reduce, that was only where the deed was prejudicial to the institute. But, in this case, the institute was not prejudiced but benefited; and in no case can the substitute reduce where the institute could not.
The electronic version of the text was provided by the Scottish Council of Law Reporting