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Scottish Court of Session Decisions >>
Eadie Kinloch v Kinloch. [1678] Mor 12841 (21 January 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor3012841-003.html Cite as:
[1678] Mor 12841
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. I.
In provisions to the Issue of a Marriage, wheather the Children succeed per captia, or if the Heir is preferred?
Eadie Kinloch v. Kinloch
Date: 21 January 1678 Case No. No 3.
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A father provides his estate to the bairns of the marriage. There is a son and a daughter. It being queried to the Lords, if the sister might not serve herself joint heir of provision with her brother, the Lords resolved affirmatively; where the provision is to bairns in the plural number; and this was done by two practicks, 14th January 1663, Thomas Bog contra Thomas Nicolson, No 44. p. 4251.; and 17th February that same year, Margaret Hay against Sir George Morrison, No 1. p. 12839.; and so the Lords ordained the service to go on, although the brother was already served general heir of provision, and content his sister should have action against him.
