BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Anent a Bastard's Testament. [1671] 2 Brn 570 (00 January 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020570-0960.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent a Bastard's Testament
Click here to view a pdf copy of this documet : PDF Copy
As for that rule of law, Bastardus non habet testamenti factionem, I think it only militates in the case where he has no children procreated in lawful marriage; in which case, without a letter of legitimation, he cannot prejudge the king or his fisk by way of testament; (for he may lawfully dispone either moveables or unmoveables in his liege poustie;) but where he has lawful bairns, he may certainly test upon his moveables, and name his bairns executors to him, (Quærilur, if he may name strangers,) since they would succeed to him ab intestato in these goods. Vide infra, February, 1676, No. 471, § 7, Lord Colville.
