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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cranston v Brown. [1674] Mor 13307 (2 December 1674)
URL: http://www.bailii.org/scot/cases/ScotCS/1674/Mor3113307-010.html
Cite as: [1674] Mor 13307

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[1674] Mor 13307      
Subject_1 QUOD POTUIT NON FECIT.

Cranston
 v.
Brown

 Date: 2 December 1674
Case No. No 10.

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A special legacy of an heritable bond being left in a testament, in which the testator's heir was named executor and universal legatee, the legacy was sustained, for it implied a non repugnantia, so that he could not quarrel the legacy, and at the same time take the benefit of the testament.

 Fol. Dic. v. 2. p. 309. Stair.

*** This case is No 15. p. 8058. voce Legacy.

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/1674/Mor3113307-010.html