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Scottish Court of Session Decisions >>
Campbell v M'Leod. [1731] Mor 9263 (2 February 1731)
URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor2209263-008.html Cite as:
[1731] Mor 9263
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A son having accepted of a property from his father, and renounced all he could ask or crave by his father's death; his children, who were nearest of kin to their grandfather at the time of the confirmation, were excluded in competition with a remoter decendant of another child who had not renounced.—The Lords went upon this footing, that a father, by taking such a renunciaition, means to exclude, not only the renouncer, but his or her descendants, reserving his effects to his other children and their descendants. But this exclusion will not have place where the competition is with the fisk, or even with collaterals; and some of the Lords were of opinion to carry the exclusion no farther than in favour of the children themselves, not of their descendants. See Appendix.
