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Scottish Court of Session Decisions >>
Winrahame v Elies. [1668] Mor 11489 (15 December 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor2711489-163.html Cite as:
[1668] Mor 11489
Where the cause of granting is expressed, that must be the rule.
Winrahame v. Elies
Date: 15 December 1668 Case No. No 163.
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A father having left a legacy to his second son, in full satisfaction of all he could demand by his father's death; it was not found to be in satisfaction also of a legacy left by a grandfather, and uplifted by the father; for though it was argued, That the father was here strictly debtor to his son, by uplifting the grandfather's legacy, et debitor non præsumitur donare; it was answered, That this presumption yields to a stronger of paternal affection; besides, that the words of the father's legacy cannot comprehend the other legacy, for the father being directly debtor therein, the son could demand the same, without waiting for his father's death; and therefore this did not arise to him by his father's death.
